Appeal from a judgment of the Erie County Court (Michael L. D’Amico, J.), rendered April 10, 2003. The judgment convicted defendant, upon his plea of guilty, of attempted arson in the third degree.

*1199It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Same memorandum as in People v Mack (31 AD3d 1197 [2006]). Present—Hurlbutt, J.P., Kehoe, Gorski, Green and Pine, JJ.