A Waterford man sentenced to 50 years in state prison after he was convicted of child rape will get a new trial, an appeals court ruled today.
Victor Moore, 34, was tried and convicted in Albany County Court in 2007 of first-degree rape and first-degree sexual conduct against a child.
Prosecutors said that between November 1998 and January 2001, Moore engaged in several sex acts with a child under age 11. It was alleged similar acts took place between November 1998 and January 1999 with another child.
But the Appellate Division of the state Supreme Court today found that allegations Moore sold marijuana in 2002 was improperly used by prosecutors in his sex crimes trial.
“The effect of the error escalated when defendant attempted to explain the marijuana sale and his testimony,” the court found.
“The cumulative effect of these errors cannot be considered harmless in the light of the proof at trial, which was not overwhelming,” the court added later.
The court also dismissed outright one of two sexual conduct counts, finding the two counts covered the same alleged acts.
After Moore’s 2007 sentencing, Albany County District Attorney P. David Soares credited the convictions to the testimony of the child, calling her “an extremely courageous young woman.”
The Appellate Division sent the case back to Albany County Court for a new trial.