KINGSTON – The Appellate Division, Third Department, affirmed the October 2014 conviction of an Ellenville man who was convicted of first-degree rape of an 80-year-old woman in her Wawarsing home.
Luis Ortiz, 51, imprisoned and strangled the woman she tried to scream for help.
He pled guilty in Ulster County Court to the rape charge in satisfaction of several charges against him including burglary and unlawful imprisonment. As part of his plea agreement, he waived the right to appeal and agreed to a sentence of 20 years to life in prison.
On appeal, Ortiz claimed the county court failed to comply with the procedural requirements in the law to sentence him as a persistent violent felon. The appellate court rejected that argument.
