NEW YORK (CBSNewYork/AP) — From the voting booth to the courtroom.

A Manhattan judge will hear claims that votes were tallied improperly in Tuesday’s Democratic primary pitting Rep. Charles Rangel against state Sen. Adriano Espaillat in the race for the newly-formed 13th Congressional District.

A hearing is scheduled Monday afternoon in state Supreme Court.

WCBS 880’s Marla Diamond reports

A tally released by the New York City Board of Elections over the weekend shows Rangel with a lead of 802 votes. There are still about 2,000 absentee or other ballots to be counted.

Rangel faced one of his toughest fights since being elected to Congress in 1970. He was tainted by an ethics scandal that led to his censure in the House in 2010.

Redistricting also made the district majority Hispanic. That seemingly favored Espaillat, who’s a native of the Dominican Republic.

(TM and Copyright 2012 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2012 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)


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