Julie Cianca, Public Defender, Rochester (Jane I. Yoon of counsel), for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Lisa Gray of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered May 19, 2021. The judgment convicted defendant, upon a guilty plea, of manslaughter in the first degree.

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

Memorandum: Defendant appeals from a judgment convicting him, upon a plea of guilty, of manslaughter in the first degree (Penal Law § 125.20 [1]). We agree with defendant that his waiver of the right to appeal is invalid. The written waiver used overbroad language that " 'mischaracterized the nature of the right[s] that defendant was being asked to cede, portraying the waiver as an absolute bar to defendant taking an appeal' " (People v Johnson, 192 AD3d 1494, 1495 [4th Dept 2021], lv denied 37 NY3d 965 [2021]; see People v Thomas, 34 NY3d 545, 565 [2019], cert denied 589 US &mdash, 140 S Ct 2634 [2020]; People v St. Denis, 207 AD3d 1084, 1084 [4th Dept 2022]), and the oral colloquy did not cure that defect (see Thomas, 34 NY3d at 566; People v Fernandez, 218 AD3d 1257, 1258 [4th Dept 2023], lv denied 40 NY3d 1012 [2023]; People v Rumph, 207 AD3d 1209, 1210 [4th Dept 2022], lv denied 39 NY3d 1075 [2023]). Nevertheless, we reject defendant's contention that his sentence is unduly harsh and severe. Present—Smith, J.P., Bannister, Montour, Greenwood and Nowak, JJ.