ALBION — When Gerardo Quiros was being sentenced in Orleans County Court for repeatedly raping his girlfriend and holding her captive, his attorney told him not to speak.
Defense attorney Scott Riordan, at the time, said he advised his client not to speak because he would be immediately filing an appeal in the 2018 conviction.
Riordan did appeal and on Friday, the state Appellate Division, Fourth Department, unanimously rejected it.
Quiros, 33, was convicted after a jury trial of four counts of first-degree rape, three counts of first-degree criminal sexual act, assault, endangering the welfare of a child and drug and marijuana possession charges.
He was sentenced in September 2018 to 20 years in state prison.
Riordan filed an appeal on his behalf,
Riordan claimed that the judge in the case, Sara Sheldon of Niagara County, should have dismissed an indictment against Quiros because “it was rendered duplicitous by the grand jury testimony of the victim.”
The request is based on the victim testifying that Quiros forcibly sexually assaulted her more than 40 times.
Riordan argued that the counts in the indictment were basically the same accusation, without specific details, and should not have been separated.
The court ruled against him, saying the prosecution was prepared to “prove a specific instance with respect to each of the counts on which the defendant was ultimately convicted.”
It did so through the testimony of the victim, the court ruled.
“The victim’s testimony was detailed, graphic, and corroborated by receipts, photographs, and emails that allowed the victim to pinpoint the precise dates on which each of those incidents of forced sexual intercourse occurred,” the court wrote. “Because defendant was convicted only of those counts where pretrial notice of specific instances was given and where those specific instances were proved at trial, we conclude that dismissal of those counts as duplicitous was not required.”
Quiros was indicted in May 2017 and accused of repeatedly raping and sodomizing his now former girlfriend for several weeks in March and April 2017 at his house on Ridge Road.
Police were called to the house on April 29. Quiros fled before police arrived, forcing police to order nearby residents to remain in their homes as they searched for him. He was located two days later in Niagara County.
He was re-arrested Jan. 1 after bursting into a home in Barre while free on bail. He allegedly tried to drag his new girlfriend from the home by her feet but was stopped by the woman’s brother, who ordered Quiros to leave at gunpoint.
The woman was at the home visiting her children, who are in the custody of her parents.
He was indicted later that month and charged with second-degree burglary, attempted kidnapping, two counts of endangering the welfare of a child and attempted first-degree unlawful imprisonment.
The victim, however, refused to cooperate with investigators and the county District Attorney’s Office. Quiros pleaded guilty to misdemeanor counts of criminal trespassing and attempted unlawful imprisonment.
He was sentenced to one year in local jail on those convictions.