Janet E. Sabel, The Legal Aid Society, New York (Angie Louie of counsel) and Kramer Levin Naftalis & Frankel LLP, New York (Martin F. Ascher of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Judgment, Supreme Court, New York County (Laurie Peterson, J.), rendered June 5, 2018, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him to four years' probation, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to three years' probation, and otherwise affirmed.

We find the sentence excessive to the extent indicated. The record does not establish a valid appeal waiver. Concur—Renwick, J.P., González, Kennedy, Scarpulla, Rodriguez, JJ.