Opinion
December 8, 1998
Appeal from the Supreme Court, New York County (Micki Scherer, J.).
With defendant's consent, the court properly conducted a combined suppression hearing and nonjury trial ( People v. Yousef, 236 A.D.2d 868, lv denied 90 N.Y.2d 866). Counsel's consent to the procedure employed by the court did not deprive him of effective assistance of counsel. On the existing record, which defendant has not sought to expand by means of a CPL article 440 motion in order to explore counsel's strategy ( see, People v. Rivera, 71 N.Y.2d 705, 709), we find that counsel pursued a strategy that was reasonable under the circumstances.
Concur — Milonas, J. P., Nardelli, Williams, Tom and Andrias, JJ.