—[*1] Steven Banks, The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (John B.F. Martin of counsel), for respondent.

Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered July 1, 2010, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of three and one-half years, plus three years postrelease supervision, unanimously affirmed.

Regardless of whether defendant validly waived his right to appeal, his claim that the court should have imposed a lesser sentence is devoid of merit and we decline to reduce his sentence in the interest of justice. Under the terms of the DTAP agreement, defendant's inadequate compliance exposed him to an even longer sentence than the court actually imposed. Concur—Gonzalez, P.J., Andrias, DeGrasse, Richter and Abdus-Salaam, JJ.