A Schenectady man convicted in a November retrial of raping an incapacitated woman was sentenced Friday to 20 years in state prison.
The prosecutor in the case asked for the maximum allowed, 25 years, citing a pre-sentence report that indicated defendant Gregory Tucker showed no remorse for his crime.
Tucker, 50, formerly of Jay Street, proclaimed his innocence again Friday, indicating he planned to appeal.
He was convicted in November of one count of first-degree rape.
The jury found he raped the woman Nov. 13, 2011, at his apartment. Tucker encountered her on Jay Street, then invited her up to his apartment to smoke marijuana.
Once there, he provided her with two pills, saying they would help her relax, prosecutor Jessica Lorusso has said.
The woman, who has a condition that impairs her judgment, took them.
The result was that she fell asleep and awoke to find herself naked from the waist down, sore and unsure of what happened, Lorusso has said.
Visiting Schenectady County Court Judge Richard Giardino sentenced Tucker to 20 years in state prison and 10 years of post-release supervision.
Tucker was originally tried last summer, but the jury could not reach a unanimous decision, voting 11-1 to convict, Lorusso said.
The retrial meant the woman had to testify a second time about what happened to her. She did so bravely, said Lorusso.
The investigation began after the victim notified a case worker the next day, and she was taken to a hospital for a rape test to be performed.
The woman was able to take police back to the area of the apartment.
Tucker was locked in as the suspect when DNA captured by the rape test kit came back as a match to his DNA, which was in the state database because of a previous conviction.
Tucker was represented by attorney Mark Gaylord.