People v. Tumminia

—Peters, J.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendéred October 22, 1997, convicting defendant upon his plea of guilty of the crime of rape in the first degree.

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…