People v. Iliff

*975Appeal by the defendant from a judgment of the Supreme Court, Queens County (Mullings, J.), rendered May 4, 2009, convicting him of sexual abuse in the first degree, upon his plea of guilty, adjudicating him as a second felony offender, and thereupon sentencing him to a determinate term of imprisonment of five years, plus a period of five years of postrelease supervision.

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…