Appeal from a judgment of the Supreme Court, Erie County (Paul Wojtaszek, J.), rendered July 12, 2021. The judgment convicted defendant, upon a guilty plea, of criminal possession of a weapon in the second degree.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (NICHOLAS P. DIFONZO OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL J. KEANE, ACTING DISTRICT ATTORNEY, BUFFALO (HARMONY A. HEALY OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., CURRAN, MONTOUR, NOWAK, AND DELCONTE, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his guilty plea, of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Even assuming, arguendo, that defendant’s waiver of the right to appeal is invalid (see People v. Vilella, 213 A.D.3d 1282, 1283, 181 N.Y.S.3d 504 [4th Dept. 2023], lv denied 39 N.Y.3d 1157, 190 N.Y.S.3d 688, 211 N.E.3d 1141 [2023]; People v. Hemphill, 192 A.D.3d 1479, 1480, 140 N.Y.S.3d 822 [4th Dept. 2021]; see generally People v. Thomas, 34 N.Y.3d 545, 564-566, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied — U.S.—, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]) and thus does not preclude our review of his challenge to his sentence, we conclude that the sentence is not unduly harsh or severe.