Olivares v. Ercole

ORDER ADOPTING REPORT & RECOMMENDATION

KENNETH M. KARAS, District Judge:

Petitioner Gabriel Olivares was convicted in Orange County Court in the State of New York, following a jury trial, of one count each of rape in the first degree, sodomy in the first degree, and intimidating a victim or witness in the third degree. People v. Olivares, 34 A.D.3d 602, 824 N.Y.S.2d 172, 173 (App.Div.2006). Petitioner was sentenced to 25-year determi*347nate sentences for both the rape conviction and the sodomy conviction — with the two 25-year terms to run concurrently — and a 1-and-one-third years to 4-years…