Ordered that the judgment is affirmed.
Having failed to controvert the predicate felony statement offered by the People before the sentencing court and, indeed, having waived his right to do so as a condition of the plea, the defendant cannot now complain of his adjudication as a predicate felon (see, People v. Haynes, 102 A.D.2d 604; People v. Hewitt, 97 A.D.2d 828). Moreover, inasmuch as the defendant's claim of ineffective assistance of counsel is based on facts outside of the record, it cannot be reviewed by this court. Finally, we perceive no basis upon which to substitute our discretion for that of the sentencing court (see, People v. Bibbs, 129 A.D.2d 803; People v. Suitte, 90 A.D.2d 80). Thompson, J.P., Rubin, Sullivan and Rosenblatt, JJ., concur.