—[*1]Motion for reargument is granted and, upon reargument, the memorandum and order entered December 23, 2011 (90 AD3d 1563 [2011]) is amended by deleting the last paragraph of the memorandum and substituting the following paragraph: Defendant further contends that he was denied effective assistance of counsel based on defense counsel's failure to pursue a suppression hearing on the ground that the police did not have probable cause to arrest him or reasonable suspici[*2]on to detain him. We reject that contention. " '[I]t is incumbent on defendant to demonstrate the absence of strategic or other legitimate explanations' for [defense] counsel's alleged shortcomings" (People v Benevento, 91 NY2d 708, 712 [1998], quoting People v Rivera, [*3]71 NY2d 705, 709 [1988]). Here, defendant failed to meet that burden (see People v Elamin, 82 AD3d 1664, 1665 [2011], lv denied 17 NY3d 794 [2011]; People v Jacobs, 52 AD3d 1182, 1184 [2008], lv denied 11 NY3d 926 [2009]; People v Maryon, 20 AD3d 911, 912 [2005], lv denied 5 [*4]NY3d 854 [2005]). Present—Smith, J.P., Fahey, Carni and Sconiers, JJ.