Defendant was sentenced to time served and five years' probation after entering a plea of guilty of the crime of criminal mischief in the third degree. As part of the plea agreement, defendant waived his right to appeal; therefore, his contention that his sentence was harsh and excessive has not been preserved for our review (see, People v. Wilson, 209 A.D.2d 792, lv denied 84 N.Y.2d 1040). In any event, were we to consider this argument, we would find no reason to disturb the agreed-upon sentence (see, id.).
Cardona, P.J., Crew III, Casey, Yesawich Jr. and Carpinello, JJ., concur.
Ordered that the judgment is affirmed.