Conviction upheld in violent Albany rape case

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ALBANY, N.Y. (NEWS10) – The New York State Appellate Division has upheld the conviction of an Albany man who kidnapped and violently raped a 23-year-old woman multiple times in 2016. Jose Marlett was sentenced to 110-years in prison for the rapes and a robbery that occurred on the same day.

Marlett kidnapped the woman on New Scotland Avenue on January 6, 2016, before raping her several times inside his residence that evening. The victim escaped through a bedroom window when Marlett left to move her car and sought help at a nearby restaurant.

Earlier that day, Marlett robbed a 61-year-old woman at knifepoint on Forest Avenue. Marlett demanded money before forcibly taking the woman’s credit cards.

On May 10, 2019, Marlett was found guilty of:

  • Eight counts of predatory sexual assault
  • Five counts of first degree rape
  • Three counts of criminal sexual act in the first degree
  • Second degree kidnapping
  • Two counts of first degree robbery
  • One count of third degree robbery

The appeal was based on the jury’s rejection of the defense that Marlett was not responsible “by reason of mental disease or defect.” It was unanimously rejected by The Appellate Division.

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