PEOPLE v. KIMBLE

Ordered that the appeal is dismissed.

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