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Local News

October 30, 2013

Ex-student acquitted of rape charges

A former SUNY Delhi student charged with rape was acquitted after a trial in Delaware County Court earlier this month.

Darwyn J. Lynch, 24, of Queens, was found innocent of rape and three other charges, Matthew J. Galluzzo, his attorney, said Tuesday.

Lynch and Edy R. Toussaint were students at the State University College of Technology at Delhi in September 2009, when Lynch took another college student to his room in the village of Delhi.

Lynch and Toussaint were indicted on charges of first-degree rape, first-degree criminal sexual act and first-degree sexual abuse, felonies, and unlawful imprisonment, a misdemeanor, in September 2010.

In October 2011, Lynch pleaded guilty to first-degree sexual abuse, and in early 2012, he was sentenced to three years in prison and three years of post-release supervision.

In October 2011, Toussaint pleaded guilty to second-degree unlawful imprisonment and was sentenced that December to 60 days in jail and three years of probation.

Galluzzo said he appealed Lynch’s case to the state Supreme Court, Appellate Division, Third Judicial Department, which vacated the plea March 28 this year and sent the case back to Delaware County Court.

Lynch appealed on the ground that he was deprived of effective legal assistance because he wasn’t informed about a possible conflict of interest between the defense attorneys, according to the appellate decision.

In Delaware County Court, after a jury trial between Oct. 8 and 15, Lynch was found not guilty on all four charges, according to Delaware Court Court officials in Delhi. District Attorney Richard Northrup prosecuted the case.

Galluzzo said the case has been a “very long ordeal” for Lynch.

“We’re very pleased that the jury understood the truth of what happened,” Galluzzo said. “This was an innocent man.”

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