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Mistrial declared in Alden man’s sexual assault case

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A trial on two charges of predatory sexual assault against an Alden man in a 2011 home invasion ended in a mistrial late Thursday afternoon when the jury informed Erie County Court Judge Kenneth F. Case it was deadlocked.

Samuel Muscarella, 25, of Seabrook Drive, was accused of raping and sodomizing a 22-year-old woman on Dec. 15, 2011, in Alden. He also was charged with one count of burglary and six counts of aggravated harassment. If he had been convicted, he could have been sentenced to up to 50 years to life in prison.

Assistant District Attorney Lynette Reda and defense attorney Joseph Agro are expected to appear before Case in about two weeks to discuss the status of the case.

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