A Corning man convicted of 1st degree rape hasn't won his appeal for freedom, but he hasn't lost it yet either. Attorney's for 39-year-old Robert C. Lewis challenged the 2013 conviction in Steuben County court, claiming some DNA tests were never completed. The Appellate Division, Fourth Judicial Department, issued a ruling on Friday in which the Justices reserved decision. The Court, instead, tossed the case back to a Steuben County judge to answer this question - whether ‘there was
a reasonable probability that, had the [rape kit, shirt and pants] been tested
and had the results been admitted at trial, the verdict would have been more
favorable to defendant. ’
Lewis remains an inmate at the Cayuga Correction facility. He is serving an eight year term. His earliest release date is January 19, 2020. The court decision is here.
