POUGHKEEPSIE – The Appellate Division, Second Department of State Supreme Court reduced the prison sentence of a man convicted in Dutchess County Court of first-degree rape.
Ruben Felix was convicted by a jury on August 21, 2017 of raping a woman after she became intoxicated and fell asleep. He was sentenced to up to 23 years in state prison followed by 20 years of post-release supervision.
The appellate court reduced the sentence to 15 years in prison followed by 15 years of post-release supervision.
In his appeal, Felix contended the district attorney’s office failed to present sufficient evidence to prove beyond a reasonable doubt that the victim was “physically helpless” when he had intercourse with her, as required for his conviction of rape in the first degree.
The appellate court rejected that contention.
