Ex-NYPD officers Kenneth Moreno, 43, and Franklin Mata, 29, who were acquitted of rape, asked a Manhattan judge Tuesday to toss out their misdemeanor misconduct convictions and prevent the accuser from addressing the court at sentencing.
The judge postponed Tuesday’s sentencing until Aug. 8th to consider the issues.
A jury acquitted the pair of raping the 29-year-old Gap fashion executive in 2008, but convicted them of violating NYPD procedures by returning to her East Village apartment without telling dispatchers and supervisors where they were. They face up to two years in jail.
Joseph Tacopina, who represents Moreno, said: "The law just says that on a felony, the victim has the right to speak. She is not the victim," the city is.