Illegal immigrant to be resentenced in Saratoga Springs attempted-rape case

By Don Lehman The Post-Star | Posted: Thursday, December 23, 2010 4:25 pm | (1) Comments

ALBANY -- A state appeals court has ordered that an illegal immigrant who tried to rape a woman in Saratoga Springs be resentenced and directed that a felony assault conviction against him be thrown out.

The Appellate Division of state Supreme Court found that Bernabe S. Felipe, 32, should not have been convicted of second-degree assault in an August 2008 attack on a woman in a barn at Saratoga Race Course, where Felipe worked.

The woman's injuries were not severe enough to warrant a felony assault charge, so the count was reduced to misdemeanor assault.

The appeals court upheld the attempted rape and sexual abuse convictions that a Saratoga County jury levied against Felipe, but ruled that Judge Jerry Scarano should not have imposed consecutive sentences for the crimes.

Felipe was serving 15 years for the attempted rape charge and 5 years for sexual abuse charge. He will be returned to Saratoga County Court to be resentenced on those charges.


http://poststar.com