
    The People of the State of New York, Respondent, v Jason Fulton, Appellant.
    [997 NYS2d 625]—
   Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered March 15, 2013, 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 five years, with three years’ postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison term to 3V2 years, and otherwise affirmed.

Defendant’s appeal waiver did not encompass the issue of the severity of a potential enhanced sentence. We find the sentence excessive to the extent indicated.

Concur- — Mazzarelli, J.P., DeGrasse, Manzanet-Daniels, Feinman and Gische, JJ.  