PEOPLE v. OCANA

Ordered that the appeal is dismissed.

The defendant waived his right to appeal as a condition of the plea. Accordingly, the appeal is dismissed (see, People v Davison, 108 A.D.2d 820). To the extent that the defendant's claim of ineffective assistance of counsel rests upon matters outside the record, such a claim may only be presented by way of a motion pursuant to CPL 440.10 (see, People v Kimble, 133 A.D.2d 849). Thompson, J.P., Brown, Eiber and Sullivan, JJ., concur.