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Prosecutors said Officer Kenneth Moreno raped a 27-year-old woman in her East Village apartment after he and his partner were called to help following a report from a cab driver who claimed she was too drunk to get out of the vehicle.

Both officers face rape, official misconduct and other charges. Officer Franklin Mata is accused of acting as a lookout.

Jurors asked the judge if they could consider witness testimony as fact. The judge said they could.

It's not clear whose testimony the jurors were referring to.

Surveillance video caught the two officers returning to the woman's apartment several times.

The defense maintains Moreno never had sex with the woman and said there is no physical evidence that connects either officer to a rape.