People ex rel. Tumminia v. Griffin

Appeal from a judgment of the Supreme Court *1175(LaBuda, J.), entered March 7, 2012 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

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…