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Kenneth Moreno And Franklin Mata To Be Sentenced For Misconduct; Accuser Present [UPDATE]

AP/The Huffington Post   First Posted: 08/08/11 12:18 PM ET Updated: 10/08/11 06:12 AM ET

A former New York City police officer has been sentenced to one year in jail after being convicted of official misconduct but acquitted of raping a woman.

Kenneth Moreno was sentenced Monday. He and another officer, Franklin Mata, who was awaiting sentencing, challenged their misdemeanor convictions for repeatedly returning to the accuser's apartment while keeping dispatchers in the dark.

The two were summoned to help the drunken woman get out of a taxi in December 2008.

The woman told jurors she passed out and awoke to being raped in her bed. Moreno said he snuggled with her, but they didn't have sex. The other officer said he was snoozing on her sofa.

The Police Department fired Mata and Moreno hours after the May verdict.

And although it was expected of the defense today to claim their crimes were 'victimless' and deserving of no jail time, according to The New York Post, the alleged victim in the rape trial went to the courthouse where two officers were awaiting sentencing today and sat in the front row.

Prosecutors said earlier they would argue for the maximum sentence--2 years in prison--and read a 'victim impact' statement written by the woman which has already been given to state probation officials who themselves recommended no jail time.

The defense was expected to argue that because the woman has been ruled by the jury as no victim, she shouldn't have any impact on the sentencing.

Sentencing was supposed to take place in June but was delayed by the judge because of a HBO documentary about the Manhattan District Attorney’s sex crimes unit, CBS News reports.

The filmmakers videotaped prosecutors while they discussed the case and defense attorney’s wanted to review all of the footage obtained by HBO.

Two protesters held up signs outside the courthouse this morning that said, "NYPD: Protect Women."

The officers' families also were at the courthouse Monday.

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