Ordered that the judgment is modified, on the law, by vacating the defendant's adjudication as a second felony offender and the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing in accordance herewith.
The defendant's contentions regarding prosecutorial misconduct during the opening statement and summation are, for the most part, unpreserved for appellate review (
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