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Buffalo man gets two years in prison, supervision for rape

A Buffalo man was sentenced Wednesday to two years in prison followed by four years of supervision for raping a young woman in his East Side apartment.

Erie County Judge Kenneth F. Case also ordered William Payne, 49, of Humber Avenue, to avoid any contact with the victim of the Sept. 30, 2012, attack for 10 years.

Payne pleaded guilty as charged last October to third-degree rape as jury selection was set to begin for his trial.

The trial originally had been scheduled for last April but was postponed during jury selection when the judge declared a mistrial.

The mistrial came after the prosecutor assigned to the case reported Payne drove a car dangerously close to her in an alleged attempt to intimidate her as she left the courthouse around 7 p.m. April 7.

The judge revoked Payne’s $25,000 bail and ordered him held pending an investigation to determine if there was enough evidence to prosecute him for the alleged incident.

On April 14, Payne’s then-attorney, Joseph A. Agro, provided the judge with photographs from Niagara Frontier Transportation Authority surveillance cameras that showed Payne was on a bus at the time of the incident.

Payne was then released from the Erie County Holding Center on $25,000 bail. He has filed a notice of claim, indicating he plans to sue the county over the incident.