NEW YORK, Aug. 10 (UPI) — A former New York police officer was given a two-month sentence Wednesday for official misconduct that involved the alleged rape of a drunken woman.
Franklin L. Mata allegedly acted as a lookout while his partner, Kenneth Moreno, had sex with the woman in her Manhattan apartment. But a jury acquitted both officers of rape and found them guilty of official misconduct.
At the sentencing, Justice Gregory Carro in Manhattan Supreme Court allowed Mata, 29, to remain free until Sept. 12, The New York Times reported. The judge imposed a 60-day sentence.
Carro told Mata he “drew the short straw” when Moreno became his partner.
Moreno was sentenced to a year Monday but will not be imprisoned until he appeals. While both men faced up to two years in prison, first-time misdemeanor offenders usually get non-custodial sentences.
The partners were escorting the woman to her apartment when the alleged rape occurred. Both were fired from the department.