People v. Mitchell

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mondo, J.), rendered October 12, 2011, convicting him of course of sexual conduct against a child in the first degree and endangering the welfare of a child, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the defendant’s adjudication as a second felony offender and the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing in…