Orange County Court Judge Nicholas DeRosa sentenced 29 year old David Small to a dozen years in prison to be followed by 15 years parole for the attempted 1st degree rape and the 2nd degree burglary of a Village of Chester, NY woman Wednesday after jury conviction April 9. DeRosa, who talks to juros after each trial, said that "They did believe the complaining witness. They did not believe your testimony."
The victim told Small she's been so badly traumatized that she's going to move out of her home in the Whispering Hills condo complex in the Village of Chester, where she was attacked in 2005.
She also told Small that she feels compelled to change her name.
Small's lawyer, Alan Joseph, asked DeRosa to limit the sentence to the minimum of 3 1/2 years. Joseph filed a notice of appeal on Wednesday, saying there were numerous issues to pursue with a higher court, including the certainty of the victim's identification of Small.
Senior Assistant District Attorney Michael Milza asked for the maximum sentence of 15 years.
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