The Legal Aid Bureau of Buffalo, Inc., Buffalo (Allison V. McMahon of counsel), for defendant-appellant.

Michael J. Keane, District Attorney, Buffalo (April J. Orlowski of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Susan M. Eagan, J.), rendered January 7, 2022. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree.

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

Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]), defendant contends that his waiver of the right to appeal is invalid and that his sentence is unduly harsh and severe. We agree with defendant that his waiver of the right to appeal is invalid (see People v Thomas, 34 NY3d 545, 565-566 [2019], cert denied 589 US &mdash, 140 S Ct 2634 [2020]; People v Harold, 233 AD3d 1503, 1503 [4th Dept 2024]) and thus does not preclude our review of his challenge to the severity of his sentence (see Harold, 233 AD3d at 1503). However, we conclude that defendant's sentence is not unduly harsh or severe. Present—Whalen, P.J., Curran, Smith, Nowak and DelConte, JJ.