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A new trial has been granted for a Dunkirk woman who had been acquitted of murder and manslaughter for the July 2017 shooting death of her boyfriend, 21-year-old Julian Duman, but found guilty at trial of a weapons possession charge.
The state Supreme Court, Fourth Department Appellate Division, reversed a judgement by Chautauqua County Court Judge David Foley convicting Rebecca Ruiz on a charge of second-degree criminal possession of a weapon. Ruiz, who was sentenced by Foley to six years in state prison, appealed the conviction stating the court erred by denying to instruct the jury on “the defense of temporary and lawful possession of a firearm.”
The court agreed in a ruling released Thursday afternoon, granting Ruiz a new trial for the lone count on which she was convicted.
Ruiz has been incarcerated at the Albion Correctional Facility since July 2018.
See Friday’s edition for complete coverage.