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Appellate Division Unanimously Upholds Violent 2016 Albany Rape Case

Albany County District Attorney David Soares

 

 

Press Release

February 25, 2021

 

 

Appellate Division Unanimously Upholds 


Violent 2016 Albany Rape Case


 

 



ALBANY, NY -  District Attorney P. David Soares announced today that the New York State Appellate Division, Third Department, unanimously upheld the conviction of JOSE MARLETT for robbery and sexual assault that took place on New Scotland Avenue in the City of Albany in 2016.

On May 10, 2019, a jury found MARLETT guilty of (8) Counts of Predatory Sexual Assault, all Class A-II Felonies, (5) Counts of Rape in the First Degree, all Class B Felonies, (3) Counts of Criminal Sexual Act in the First Degree, all Class B Felonies, (1) Count of Kidnapping in the Second Degree, a Class B Felony, (2) Counts of Robbery in the First Degree, both Class B Felonies, and (1) Count of Robbery in the Third Degree, a Class D Felony. MARLETT was sentenced to a total of 110 years to Life in State Prison, before the Honorable Roger D. McDonough in Albany County Supreme Court

After thorough deliberation and review of the evidence presented during the trial, the jury found that during the late afternoon hours of January 9, 2016, in the vicinity of Forest Avenue and New Scotland Avenue in the City of Albany, MARLETT forcibly stole property from a 61 year old woman who was a stranger to him, by means of forcibly stealing her credit cards while displaying a dangerous instrument.

The jury also found that in the evening hours of January 9, 2016, on New Scotland Avenue in the City of Albany, MARLETT kidnapped a 23 year old female who was not known to him and subsequently committed multiple counts of rape and predatory sexual assault to her inside of his residence during the course of the evening. The victim was able to escape and seek assistance at a nearby establishment.

MARLETT appealed to the New York State Appellate Division, Third Department, based on arguments of excessive punishment, that the conviction was against the weight of the evidence, as well as claims of juror nullification and bias. The Appellate Division unanimously rejected all of MARLETT’S arguments, and affirmed his conviction and sentence, which can be found here.

The appeal was argued by Emily Schultz of the Legal Affairs Division, and Special Victims Unit Bureau Chief Shannon Sarfoh and Assistant District Attorney Caroline Murray prosecuted this case at trial.

For more information, please contact Cecilia Walsh at (518) 275-4710 or [email protected]

 

 

 

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