ROCHESTER – A Dunkirk woman previously acquitted of murder and manslaughter was granted a new trial for a weapons possession charge.
New York State’s Fourth Appellate Division announced Thursday that it reversed a 2018 judgement from Chautauqua County Court convicting Rebecca Ruiz, who stood trial in the 2017 shooting death of her 21-year-old boyfriend Julian Duman. Ruiz was sentenced by Judge David Foley to six years in prison, but she appealed.
“Defendant contends that County Court erred in denying her request to instruct the jury on the defense of temporary and lawful possession of a firearm,” the decision read. “We agree, and we therefore reverse.”
In addition, the Court also denied an appeal from Chautauqua County man Justin Haffa, who was acquitted of attempted murder of a Chautauqua County Sheriff’s Deputy in 2018 following a second trial that stemmed from a prior mistrial.
Haffa was convicted of third-degree robbery in that case, and is currently in Franklin Correctional Facility.