Erik Teifke, Public Defender, Rochester (Jonathan Garvin of counsel), for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Scott Myles of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Monroe County (Charles A. Schiano, Jr., J.), rendered February 25, 2019. The judgment convicted defendant upon his plea of guilty of criminal possession of a weapon in the second degree and criminal sale of a controlled substance in the third 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 criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]) and criminal sale of a controlled substance in the third degree (§ 220.39 [1]). As defendant contends and the People correctly concede, defendant's waiver of the right to appeal was inadequate under People v Thomas (34 NY3d 545 [2019], cert denied 589 US &mdash, 140 S Ct 2634 [2020]) and, therefore, it "does not preclude our review of [his] challenge to the severity of [his] sentence" (People v Baker, 158 AD3d 1296, 1296 [4th Dept 2018], lv denied 31 NY3d 1011 [2018]). We conclude that his sentence is not unduly harsh or severe. Present—Whalen, P.J., Peradotto, Lindley, Bannister and Ogden, JJ.