PEOPLE v. TUMMINIA


272 A.D.2d 634 (2000)

714 N.Y.S.2d 697

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT W. TUMMINIA, Appellant.

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

Decided May 4, 2000.


Peters, J.

On June 27, 1997, a Grand Jury handed up a four-count indictment charging defendant with two counts of both rape and sodomy in the first degree. Thereafter, defendant pleaded guilty to one count of rape in the first degree in satisfaction of the accusatory instrument with the understanding that he would be sentenced as a second violent felony offender to a determinate prison term of 15 years. A predicate violent felony offender statement was filed with...

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