—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for respondent.

Judgment, Supreme Court, New York County (John Cataldo, J., at plea; Michael R. Ambrecht, J., at sentence), rendered October 14, 2008, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, 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 the right to appeal.

We find the sentence excessive to the extent indicated. Concur—Gonzalez, P.J., Tom, Andrias, Renwick and Abdus-Salaam, JJ.