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Convicted Rapist Denied Leave to Appeal
Darlene Sabatino, has been denied leave to appeal her conviction to the New York State Court of Appeals. On October 5, 2007, Associate Justice Eugene F. Pigott, Jr., refused to grant a certificate to take a further appeal.
Sabatino and her co-defendant, Michael Turnbull, were convicted after a jury trial on November 15, 2002. She was also found guilty of Unlawful Imprisonment in the Second Degree and Sexual Abuse in the first Degree. The Putnam County jury found that Sabatino and Turnbull had entered the home of a 24-year-old neighbor during the early morning hours of April 16, 2002, in the Town of Patterson, and committed the crimes.
Sabatino appealed the conviction and sentence to the Second Judicial Department's Appellate Division, which affirmed the verdict of guilty but, reduced the sentence on the Rape conviction from twelve to eight years. Sabatino had argued in her initial appeal that she was denied effective assistance of trial counsel and that she should have been tried separately from Turnbull. The Appellate Division disagreed and found that her lawyer provided effective assistance to her and that the argument for a separate trial from Turnbull was "without merit."
The Appellate Division also found that the evidence presented at the trial was sufficient to establish her guilt as an accessory in the Rape.
Based on the record and the Order of the Appellate Division, Justice Pigott found that there was "no question of law presented which ought to be reviewed by the Court of Appeals", and denied permission for furtlur appeal.
Sabatino is currently serving her sentence in the Bedford Hills Correctional Facility. Assistant District Attorney Mary Jane MacCrae prosecuted these cases for the District Attorney's Office.
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