He's out of appeals — but he's still trying to stay out of Rikers.
The state's highest court has declined to hear the appeal of Kenneth Moreno, the disgraced East Village ex-cop tried in last year's notorious "Rape Cops" case — meaning both he and his former partner are now due to turn themselves in and head to Rikers tomorrow to start serving their official-misconduct sentences.
But Moreno is planning a last-ditch stay-out-of-jail effort by going to federal court, said his lawyer, Stephen Preziosi, adding, "It's not over.''
Both Moreno and his ex-partner, Franklin Mata, were acquitted in May 2011 of raping a drunken young fashion executive whom they had been dispatched to help into her East 13th Street apartment.
Mata, who prosecutors said played a more minor role of lookout, has been sentenced 60 days; Moreno to a year.
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