Petitioner was convicted of rape in the first degree with respect to one victim, and robbery in the second degree and burglary in the second degree with respect to a second victim. He was sentenced, respectively, to concurrent terms of 12½ to 25 years, 7½ to 15 years and 7½ to 15 years in prison. The Appellate Division, Fourth Department subsequently ruled that consecutive sentences should have been imposed under Penal Law § 70.25 (2-b) in the absence...
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