ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to support his conviction is unpreserved for appellate review (see, People v. Gray, 86 N.Y.2d 10). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
The defendant contends that he was denied the effective assistance of counsel because he was advised by his trial counsel not to testify. Since this claim rests on matters dehors the record, it may not be raised on direct appeal from the judgment (see, People v. Finch, 279 A.D.2d 588, lv denied 96 N.Y.2d 800; People v. DeLeon, 278 A.D.2d 425).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
O'BRIEN, J.P., KRAUSMAN, SMITH and ADAMS, JJ., concur.