Elmira Man Sentenced for Sex Crime

Albiso Muniz was sentenced Tuesday to serve between three-and-a-half to seven years in prison for rape.

[Anonymous]

Al Muniz is innocent. It is all hearsay. There is no DNA evidence. He did not get a jury of his peers and he was convicted based on prior felonies. He served his debt to society and this was a set up!

[glad I dodged a bullet]

of course his sister would say that however the manipulative ass deserves everything that he gets

[Who Gives A Shit]

glad I dodged a bullet wrote:

of course his sister would say that however the manipulative ass deserves everything that he gets

Oh, must be one of Al's jilted lovers!

[willie rock at yahoo dot]

glad I dodged a bullet wrote:

of course his sister would say that however the manipulative ass deserves everything that he gets

albiso really had a girlfriend a black girlfriend and was seen ntering a department store on camera at the time of the crime you would never place yourself in that particular situation until it actually happens to you

[willie rock at yahoo dot]

i personally know dozens of cases where the chemung county police and state troopers have framed innocent people do some law research if you know anything about the law until then stop talking out your ass

[too bad soo sad]

willie rock at yahoo dot wrote:

i personally know dozens of cases where the chemung county police and state troopers have framed innocent people do some law research if you know anything about the law until then stop talking out your ass

who cares he is a looser and I know for a fact that he likes underage girls trust me your brother is a menace to society and i hope he rots in that prison like the piece of garbage that he is. how is that for talking out of my ass. Now for the rest of his life he will be labeled exactly what he is. like I'm gonna believe he had an alibi coming from his ex-con little brother. This hole family is whacked. I can't wait for him to come out just to see what he gets sent back in for. He is a career criminal and now at his age he will never be anything but a con, and a pedifile. As for me well i can do anything i want or be anything I want. Thank you Marcelus Matchabelli, what once was a broken heart turned out to be the absolute best thing to have ever happened to me. Because my best friend Karma, she's a bitch and what goes around comes back around. So maybe you should stop talking out your ass before you end up back in the whole with your looser brother.

[willie rock]

my family has nothing to do with the price of tea in china either you are one of his ex girlfriends in which he only dates black girls and you're being a bitch because he dumped you and is being accused of raping a spanish chick it is not in his character so you are the whacked out & demented "f"not the family

[willie rock]

albiso was falsey accused and at trial the girl stated he did not do it but in the grand jury hearing she implicated he did it is just a tragic episode all the way around and i strongly feel "f" up because the girls life was ruined by someone who fits the description of my little brother which is a very common one blond hair blue eyes in elmira

[willie rock]

now as far as me going back to prison if i see you there i'll make you my bitch

[willie rock]

we are exhausting our remedies in the court of law I do not know the poor little girl, and I was not there. If I could ever be allowed to ask her if she was absolutely sure it was him I would honestly take her word for it because I am against all this rape shit and it would break my heart to find out if my brother was lying

[i love the internet]

On the morning of June 14, 2007, eye witness called 911 reporting that she had arrived at her apartment in the City of Elmira, Chemung County to find the victim, her roommate's 13-year-old daughter, engaged in sexual intercourse with a man later identified as defendant Albiso Muniz, who was 37 years old at the time. Following a jury trial, defendant was convicted of rape in the second degree, petite larceny and criminal mischief in the fourth degree. County Court denied defendant's pre set motion to set aside the verdict and sentenced him, as a second felony offender, to 3½ to 7 years in prison.
The victim testified that she met defendant, who she identified in open court, when he offered her a ride as she was walking home. At his request, she gave him her home telephone number before he dropped her off at her apartment. Two days later, he called early in the morning and asked her if anyone was home; when she said no, he asked if he could come over, and the victim told him that he could. The victim explained that after defendant arrived they began kissing and eventually moved to the bedroom where defendant "put his penis in [her] vagina."
Aside from the victim's testimony, eye witness testified that, upon returning home at approximately 9:00 A.M. on the morning of the incident after working her overnight shift, she noticed that the downstairs front door was unlocked and the upstairs door to the apartment was ajar. Upon entering the inside of the apartment and hearing noise from the victim's room, she pushed the victim's door open and saw a man, whom she identified in court as defendant, having sex with the victim. witness testified that defendant then frantically began getting dressed and, as she called 911 on her cordless telephone, defendant took the telephone from her hand, removed its battery and then pushed her away as he tried to leave. After he went down the stairs,the witness locked the apartment door but, unable to exit because the front door was locked, defendant came back up the stairs, pushed on the door until the lock and part of the door broke and came back into the apartment demanding that witness unlock the door. witness testified that she ultimately did so out of fear and that, as he was leaving, defendant took her cordless telephone with him. After defendant fled, witness noticed white underwear, which she had seen defendant holding while he was attempting to exit the apartment, in a chair next to the victim's door. One of the responding officers identified the underwear as that which he recovered from the apartment on the morning of the incident, and DNA evidence established that seminal fluid on the underwear matched the DNA of defendant.
The People also presented telephone records indicating that three calls were placed from a telephone number associated with defendant's girlfriend to the victim's home before 9:00 A.M. on the morning of the incident. The evidence further established that defendant would have had enough time to commit the crime and travel to the supermarket — located just over a mile from the victim's apartment — where he was captured on video surveillance at 9:22 A.M. Telephone records, surveillance video and testimony also indicated that a call was placed to the victim's apartment from a pay telephone located outside the supermarket on June 14, 2007 at 11:24 A.M., which was consistent with the eye witness testimony that, about an hour and a half after the incident, defendant called the apartment and, believing that she was the victim, asked in Spanish "how was everything."