NEW YORK (WCBS 880) – Former New York City cop Kenneth Moreno is off the hook on a heroin possession charge.

WCBS 880’s Irene Cornell On The Case

He was acquitted earlier this year of raping a fashion executive. Moreno and former officer Franklin Mata had helped the woman into her apartment after a night of heavy drinking in December 2008.

The prosecutor in the rape trial, Colleen Balbert, told the judge that since Moreno has been sentenced to the maximum – one year in jail – for the official misconduct conviction that resulted from that trial, there is no criminal justice purpose in prosecuting the misdemeanor heroin charge.

Two glassines of the drug had been found in Moreno’s police locker during the rape investigation.

Defense attorney Joe Tacopina was ready to argue the locker is shared by five cops when judge Gregory Carro dismissed the case.

Do you think the judge made the right call? Let us know below…