Tina L. Hartwell, Public Defender, Utica (David A. Cooke of counsel), for defendant-appellant.

Todd C. Carville, District Attorney, Utica (Michael A. Labella of counsel), for respondent.

Appeal from a judgment of the Oneida County Court (Robert Bauer, J.), rendered August 10, 2020. The judgment convicted defendant, upon his plea of guilty, of manslaughter in the first 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 manslaughter in the first degree (Penal Law § 125.20 [1]), defendant contends that his waiver of the right to appeal is invalid and that his sentence is unduly harsh and severe. Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid (see People v Lyon, 227 AD3d 1521, 1522 [4th Dept 2024], lv denied 42 NY3d 928 [2024]; see generally People v Thomas, 34 NY3d 545, 564-566 [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 the sentence (see People v Resto, 222 AD3d 1425, 1425 [4th Dept 2023], lv denied 41 NY3d 966 [2024]; People v Alls, 187 AD3d 1515, 1515 [4th Dept 2020]), we perceive no basis in the record to exercise our power to modify the sentence as a matter of discretion in the interest of justice (see CPL 470.15 [6] [b]). Present—Curran, J.P., Bannister, Smith, DelConte and Hannah, JJ.