Metro

‘Rape Cops’ look to have records cleared and misdemeanor convictions dismissed

They’re going for the clean sweep.

Already acquitted of rape and burglary, the two disgraced officers from last year’s “Rape Cops” trial are awaiting an Appellate Division decision on their bid to clear their records entirely by winning a dismissal of the lone misdemeanor convictions against them, for official misconduct.

In arguments already rejected by the trial judge, Manhattan Supreme Court Justice Gregory Carro, Kenneth Moreno and Franklin Mata are insisting that to properly win a conviction on official misconduct, prosecutors had to prove that the cops received a benefit, such as cash or a free meal, in return for being derelict of duty.

Yes, it was derelict of duty for Moreno and Mata to return three times to the East Village apartment of a drunken, 27-year-old fashion exec, but the two were acquitted of collecting the “benefit” of rape and burglary, their lawyers, Joseph Tacopina and Edward Mandery.

No rape, no burglary, no benefit — and so no official misconduct, their lawyers argue.

“By statute, it’s not a crime,” for the two to have merely “hung out” at the woman’s apartment, Mandery said. “At worst, it’s goofing off on the job — an administrative matter.”

The appeal was argued before the Appellate Division last week; a decision could now take weeks or months, the lawyers said.

Moreno and Mata had been convicted on May 26 ’11 of three counts each of official misconduct, one for each time they re-entered the woman’s East 13th St. apartment building on Dec. 7, ’08 after initially helping her into her apartment.

Moreno was sentenced to one year jail and Mata was sentenced to 60 days. Both remain free on bail as they appeal their convictions.