It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified as a matter of discretion in the interest of justice by reducing the sentence imposed on each count of criminal sale of a controlled substance in the third degree to an indeterminate term of incarceration of 4 to 12 years and as modified the judgment is affirmed.
Memorandum: Defendant appeals from a judgment convicting her, upon a jury verdict, of two counts of criminal sale of a controlled substance in the third degree (Penal Law §§ 220.39), and four counts of criminal sale of a controlled substance in the fourth degree (§§ 220.34 [1]). Contrary to the contention of defendant, she was not denied effective assistance of counsel ( see generally People v Benevento, 91 NY2d 708, 712; People v Baldi, 54 NY2d 137, 147). Defendant failed to preserve for our review her further contention that she was denied a fair trial based on prosecutorial misconduct on summation ( see CPL 470.05), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see CPL 470.15 [a]). Contrary to defendant's further contention, we conclude that County Court did not err in refusing to suppress a book concerning prescription drugs found in defendant's automobile when it was impounded and its contents were inventoried. The record establishes that there was a sufficient basis to conclude that defendant's automobile was used in the commission of a crime ( see People v White, 262 AD2d 122, lv denied 93 NY2d 1029).
We agree with defendant, however, that the sentence is unduly harsh and severe. Thus, as a matter of discretion in the interest of justice ( see CPL 470.15 [b]), we modify the judgment by reducing the sentence imposed on each count of criminal sale of a controlled substance in the third degree to an indeterminate term of incarceration of 4 to 12 years.