Kenneth Moreno exits a Manhattan courtroom. (April 11, 2011)

Kenneth Moreno exits a Manhattan courtroom. (April 11, 2011) Credit: Patrick E. McCarthy

Manhattan prosecutors on Monday dismissed two unresolved drug misdemeanors against a former NYPD officer acquitted of rape in May, saying that "no criminal justice purpose" would be served by pursuing the case.

Kenneth Moreno, 43, was charged with heroin possession when two glassine envelopes were found in his locker during a search after a fashion designer charged him with having sex with her while she was in a drunken stupor in 2008.

Moreno and his partner, Franklin Mata, were found not guilty of rape, but convicted on three counts of official misconduct for three post-midnight visits to the woman's East Village apartment while they were supposed to be on duty.

Moreno was sentenced to a year in jail on the misdemeanors last month. Mata was sentenced to two months in jail and three years' probation.

"There is no criminal justice purpose served to proceed on the two additional misdemeanors stemming from his possession of two glassine envelopes," prosecutor Coleen Balbert told Manhattan Supreme Court Judge Gregory Carro.

A representative said the DA's office did not believe that Moreno, who is out on bail during the appeal of his official misconduct convictions, would get any additional jail time even if he was convicted of the drug charges.

Moreno's lawyer, Joseph Tacopina, told reporters that the police locker was shared by five officers, and Moreno said the drugs weren't his.

"Had he not been one of the so-called 'rape cops,' they never would have brought this case," Tacopina said.

Moreno declined comment, but the lawyer said his client was happy.

"We're glad he's able to put this behind him and get on with the rest of his life," Tacopina said. "The DA did the right thing today. I give them credit for that."

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