Ordered that the judgment is affirmed.
The defendant's claim of ineffective assistance of counsel is based upon matters which are dehors the record and cannot be reviewed on this appeal ( see, People v. Crisano, 247 A.D.2d 403). We note that although the defendant raised this issue on a motion to vacate the judgment pursuant to CPL 440.10, he never sought leave to appeal from the denial of the motion ( see, CPL 450.15).
The defendant validly waived his right to challenge the sentence as excessive ( see, People v. Allen, 82 N.Y.2d 761; People v. Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1).
Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.