The People of the State of New York, Respondent, v. Scott D. Starker, Appellant

(April 27, 2000) The People of the State of New York, Respondent, v Scott D. Starker, Appellant. [714 NYS2d 696] [MAJORITY — Graffeo, J.] Graffeo, J. Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered October 27, 1998, convicting defendant upon his plea of guilty of the crime of arson in the third degree. In satisfaction of a superior court information, defendant pleaded guilty to the crime of arson in the third degree, waived his right to appeal and was sentenced to a prison term of 4 to 12 years. Defendant appeals, contending that the sentence imposed was harsh and excessive. Inasmuch as defendant knowingly, intelligently and voluntarily waived his right to appeal, defendant’s challenge to the severity of his sentence is not preserved for our review (see, People v Hidalgo, 91 NY2d 733; People v Johns, 267 AD2d 718). In any event, were we to consider the argument, we would find it to be unpersuasive. Given the serious nature of the crime and defendant’s criminal history, we would find that the agreed-upon sentence was not harsh and excessive and that there are no extraordinary circumstances warranting a modification thereof in the interest of justice (see, People v Cooper, 267 AD2d 491; People v Paulin, 265 AD2d 737). Cardona, P. J., Mercure, Carpinello and Mugglin, JJ., concur. Ordered that the judgment is affirmed.