Based on our review of the trial record and the submissions on defendant‘s motion alleging ineffective assistance of counsel, we conclude that under the circumstances presented, both parties should have the opportunity to make further submissions pursuant to CPL 440.10 for consideration by the motion court, which may address, among other issues, the reason trial counsel refrained from moving to suppress physical evidence. Concur—Tom, J.P., Mazzarelli, Andrias, Marlow and Malone, JJ.