Julie Cianca, Public Defender, Rochester (Tonya Plank of counsel), for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Monroe County (Judith A. Sinclair, J.), rendered January 28, 2020. The judgment convicted defendant, upon his plea of guilty, of endangering the welfare of a vulnerable elderly person or an incompetent or physically disabled person in the second degree, identity theft in the first degree and criminal possession of a forged instrument 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 endangering the welfare of a vulnerable elderly person or an incompetent or physically disabled person in the second degree (Penal Law § 260.32 [4]), identity theft in the first degree (§ 190.80 [1]), and criminal possession of a forged instrument in the second degree (§ 170.25). Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid (see People v Blackshear, 208 AD3d 1635, 1636 [4th Dept 2022], lv denied 39 NY3d 961 [2022]; see generally People v Thomas, 34 NY3d 545, 565-566 [2019], cert denied 589 US &mdash, 140 S Ct 2634 [2020]) and thus does not preclude our review of his challenge to the severity of his sentence (see People v Alls, 187 AD3d 1515, 1515 [4th Dept 2020]), we conclude that the sentence is not unduly harsh or severe. Present—Whalen, P.J., Curran, Montour, Ogden and Nowak, JJ.