NEW YORK (CBSNewYork) – The once flamboyant but publicly humiliated attorney Sanford Rubenstein made his first court appearance Wednesday, since the DA declined to prosecute him on a rape allegation brought against him by a top assistant to Rev. Al Sharpton.

Rubenstein was in court representing the family of MTA bus driver William Pena who was killed nearly a year ago. Dominick Whilby, 23, allegedly smashed a stolen truck into a city bus at 14th Street and Seventh Avenue, killing bus driver Pena. Prosecutors said Whilby’s blood alcohol level was twice the legal limit.

Rubenstein was uncharacteristically quiet and strangely subdued, WCBS 880’s Irene Cornell reported, saying he’s only looking forward to seeing justice done in the death of Pena.

The 70-year-old attorney, who has denied the allegations, was accused of raping a woman in his Upper East Side home hours after the Rev. Al Sharpton’s 60th birthday party last October.

Both Rubenstein and his accuser, who was described as a top official within Sharpton’s National Action Network, attended the star-studded event at the Four Seasons Hotel New York before going to his apartment, a source told CBS2 in October.

The woman alleged that at the apartment, Rubenstein had sex with her when she was too intoxicated to give consent or even remember.

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

The woman filed the complaint after she woke up bleeding and went to the hospital, CBS2’s Marcia Kramer reported in October. 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.




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