PEOPLE v. GRAZZETTE

Ordered that the judgment is affirmed.

The various factual assertions on which the defendant's claim of ineffective assistance of counsel is based involve matters dehors the record. Thus, we conclude that the claim is not properly before this Court on direct appeal (see, People v Dyson, 200 A.D.2d 756).

Based upon a review of the record, we further conclude that the defendant entered his plea knowingly, voluntarily, and intelligently (see, People v. Harris, 61 N.Y.2d 9, 17).

Finally, as part of the plea agreement, the defendant expressly waived his right to challenge the sentence as excessive on appeal (see, People v. Seaberg, 74 N.Y.2d 1). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.