Ordered that the judgment is affirmed.
Upon our review of the record, we find that, contrary to the People's contention, the defendant did not effectively waive his right to appeal (see, People v. Seaberg, 74 N.Y.2d 1). Nonetheless, we find no basis to vacate the plea.
The defendant's present challenge to the factual sufficiency of the plea allocution is not preserved for appellate review because he failed to move to withdraw his plea prior to the imposition of sentence (see, People v. Lopez, 71 N.Y.2d 662; People v Pellegrino, 60 N.Y.2d 636) and, in any event, was precluded once he pleaded guilty to a lesser offense than that charged in the indictment (see, People v. Pelchat, 62 N.Y.2d 97; People v. Clairborne, 29 N.Y.2d 950). His further claim of ineffective assistance of counsel is based on matters outside of the record and is therefore not reviewable on direct appeal. Thompson, J.P., Sullivan, Harwood, Miller and O'Brien, JJ., concur.