PEOPLE v. CLEMENS

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.