People v. Tunstall

OPINION OF THE COURT

Norman J. Felig, J.

The defendants herein, James Tunstall and Robert Chamberlin, were convicted, after a jury trial, of rape in the first degree, sodomy in the first degree (two counts), robbery in the second degree and grand larceny in the third degree on Richmond County indictment No. 248/79. Tunstall was sentenced on July 18, 1980 (Di Vernieri, J.), and on the appeal from the ensuing judgment of conviction, the Appellate Division, Second Department, in an order dated October 24, 1983, reversed the judgment and ordered a new trial to be preceded by a pretrial hearing "to…