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Attorney Sanford Rubenstein Leaves Garner Case Amid Allegations

NEW YORK (CBSNewYork) - Amid allegations of sexual assault this week, attorney Sanford Rubenstein has withdrawn from the civil case against the city on behalf of the family of Eric Garner.

Rubenstein's partner, Scott Rynecki, told CBS 2 Wednesday night that "Sanford Rubenstein has stepped down from the Eric Garner case as to not impede or distract from the Garner family seeking justice."

Rynecki told CBS 2 that he and his team of lawyers have taken over the case.

Garner died this past July after being put in a chokehold by officers, who were arresting him allegedly for selling loose cigarettes in Tompkinsville, Staten Island.

Rubenstein is under investigation for allegedly sexually assaulting a woman after Al Sharpton's 60th birthday party last week. Both Rubenstein and his accuser attended the star-studded event at the Four Seasons Hotel New York last Wednesday.

A source tells CBS 2 that Rubenstein's and the woman went back to his apartment after the party at the Four Seasons. The woman alleged that at the apartment, Rubenstein had sex with her when she was too intoxicated to give consent or even remember.

Rubenstein's own attorney, Benjamin Brafman, denied the allegations against his client this week. Brafman said he believes the Manhattan District Attorney's office will "supervise this in a fair and very appropriate manner."

"Mr. Rubenstein is one of the most successful, talented lawyers in New York City. He denies any criminal conduct whatsoever," Brafman said. "We are confident that when the investigation is completed, that the district attorney will not authorize the filing of any criminal charges."

Rubenstein told police through his attorney that that the sex with the woman was consensual.

The woman filed the complaint after she woke up bleeding and went to the hospital, Kramer reported. Sources told CBS 2 that since the woman's recollection of the night was fuzzy, police had her make a "sting" call to Rubenstein to talk about their night together.

Rubenstein made no incriminating statements in the call, sources said.

"We do not believe, based on what we know to be the case, that Sanford Rubenstein committed any crime whatsoever," Brafman said this past Monday.

The Rev. Al Sharpton said this week that the woman who filed the complaint is a top official within the National Action Network and that the accusations put him in a difficult position, given his relationship with both parties.

"Sandy and I have become friends, but the young lady who made the accusation is a top official," Sharpton said. "Sandy has no official capacity with NAN. She does and I respect her and she's been very helpful to us, so we're like between this situation."

Sharpton said he was so concerned about the incident that he met personally with the Garner family on Monday to discuss Rubenstein's continued involvement in their lawsuit.

"We're not dealing with who's guilty or not guilty, or what happened or what didn't happen," Sharpton said. "But we want to keep our focus on aggressive pursuit of justice for Eric Garner."

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