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Appeals Court Overturns Conviction Of Man In NYC Rape Case

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A Jail Cell - File / Photo: JEFF HAYNES/AFP/Getty Images

Jail Cell (credit: Jeff Haynes/AFP/Getty Images)

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NEW YORK (AP) – A state appeals court has overturned the conviction of a Florida man found guilty of raping his underage sister-in-law in Queens.

Luis Gomez has served nearly four years of a nine-year prison term for rape, sexual abuse and endangering the welfare of a child.

The four-judge panel said the trial judge should have let jurors hear the testimony of a married couple who said the girl told them she made up the story.

Gomez was convicted of sexually abusing the girl for five years, starting when she was 9.

Prosecutors say they intend to retry Gomez.

His lawyer says Gomez will continue to fight for his freedom.

(Copyright 2011 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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