
    The People of the State of New York, Respondent, v Rubin Scott, Appellant.
    [916 NYS2d 508]
   — Judgment, Supreme Court, New York County (Michael R. Ambrecht, J.), 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 to a term of 1 to 3 years, unanimously affirmed.

Although we find that defendant’s waiver of the right to appeal was invalid, we perceive no basis for reducing the sentence. Concur — Mazzarelli, J.P., Andrias, Moskowitz, Richter and Manzanet-Daniels, JJ.  