FISHKILL, N.Y. -- A Fishkill man sentenced to 58 years in prison for sexual assault will receive a new trail, according to the Poughkeepsie Journal.
Justin Carrino, 31, was convicted of predatory sexual assault, two counts of first-degree aggravated sexual abuse, first-degree rape, two counts of second-degree assault and first-degree criminal contempt in 2013, the story said.
The appellate division of the New York State Supreme Court has granted Carrino a retrial due to statements that were made after he invoked his right to counsel. Nevertheless, these statements were submitted as evidence for the trial, the story said.
A defendant cannot be questioned after invoking right to counsel unless first obtaining a waiver in the presence of an attorney, the story said.
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