Leland D. McCormac, III, Interim Public Defender, Utica (Patrick J. Marthage of counsel), for defendant-appellant.

Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), for respondent.

Appeal from a judgment of the Oneida County Court (Robert Bauer, J.), rendered December 18, 2017. The judgment convicted defendant, upon a plea of guilty, of attempted murder in the second degree.

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

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]). Defendant's challenges to the voluntariness of his guilty plea are without merit (see People v Ashley, 71 AD3d 1286, 1287 [3d Dept 2010], affd 16 NY3d 725 [2011]; People v Miller, 126 AD3d 1233, 1234-1235 [3d Dept 2015], lv denied 25 NY3d 1168 [2015]; People v Davis, 37 AD3d 1179, 1180 [4th Dept 2007], lv denied 8 NY3d 983 [2007]). Moreover, although the People correctly concede that defendant did not validly waive his right to appeal (see People v Thomas, 34 NY3d 545, 565-566 [2019], cert denied 589 US &mdash, 140 S Ct 2634 [2020]), we conclude that the sentence is not unduly harsh or severe. Present—Centra, J.P., NeMoyer, Curran and Bannister, JJ.