—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Olivia Sohmer of counsel), for respondent.

Judgment, Supreme Court, New York County (John Cataldo, J., at plea; Laura A. Ward, J., at sentence), rendered June 27, 2008, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him to a term of 4½ to 9 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 3 to 6 years, and otherwise affirmed.

The record does not establish a valid waiver of defendant's right to appeal. There was no oral discussion of such a waiver, and, unlike the written waiver upheld in People v Ramos (7 NY3d 737 [2006]), the reference to a waiver contained in defendant's written plea agreement was entirely perfunctory.

We find the sentence excessive to the extent indicated. Concur—Andrias, J.P., Catterson, Renwick, DeGrasse and Freedman, JJ.