PEOPLE EX REL. TUMMINIA v. GRIFFIN

515859.

118 A.D.3d 1174 (2014)

987 N.Y.S.2d 256

2014 NY Slip Op 4281

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROBERT TUMMINIA, Appellant, v. PATRICK GRIFFIN, as Superintendent of Sullivan Correctional Facility, Respondent.

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

Decided June 12, 2014.


Egan Jr., J.

In 1997, petitioner pleaded guilty to one count of rape in the first degree stemming from allegations that, less than 90 days after completing parole supervision for a prior felony conviction, he raped and sodomized a 28-year-old woman at knife point in Broome County. As a result, petitioner was sentenced to 15 years in prison. Thereafter, as petitioner neared his February 2011 conditional release date, the Department of Correctional Services (now known...

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