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MATTER OF BUSH v. ANNUCCI

523083.

148 A.D.3d 1392 (2017)

2017 NY Slip Op 01935

50 N.Y.S.3d 180

In the Matter of TIMOTHY BUSH, Appellant, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided March 16, 2017.

Petitioner was sentenced to 25 to 50 years in prison in 1993 upon his convictions, following a jury trial, of rape in the first degree, burglary in the first degree, sexual abuse in the first degree and assault in the first degree.1 The convictions stem from petitioner's actions in entering a home at night and beating and raping the victim (People v Bush, 266 A.D.2d 642, 642-643

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