A Jamestown man has been resentenced in a rape case after a ruling form a higher court.

According to District Attorney Jason Schmidt, Dennis Park, 40, was resentenced Monday to 18 years in state prison with 25 years post-release supervision on a conviction of first-degree rape, a class B felony, and 18 years with 25 years post-release supervision on a conviction of first-degree criminal sex act, a class B felony. These sentences will run concurrently to each other.

Park was previously sentenced on these charges in March 2020 but the Appellate Division of New York State determined that the sentence was illegal and ordered it to be returned to Chautauqua County Court in November 2024. According to Schmdit, Park had the option to be resentenced or withdraw his plea. He chose to be resentenced. The sentence was imposed by Judge David W. Foley.

One of the arguments made by Park’s attorneys to the Fourth Department Appellate Division was that his sentencing promise was based on an illegal minimum term of incarceration, which Park’s attorneys argued meant his guilty plea was invalid. While the appeals court agreed Park’s prison time was an illegal minimum term, the justices did not throw out Park’s conviction, just his sentence.

“Although defendant did not challenge the legality of his sentence before the sentencing court, we cannot allow an illegal sentence to stand,” Judge Nancy Smith wrote in her opinion. “We therefore modify the judgment by vacating the sentence and we remit the matter to County Court to afford defendant the opportunity to either withdraw his plea or be resentenced to the legal term of incarceration on both counts.”

Park’s legal gambit ended up having little effect on his prison term. Foley’s sentence handed down on Monday is still for 18 years since both prison terms run concurrently rather than consecutively.

The case stems from two incidents in Jamestown in 2018 that happened within six days of each other. One victim claimed the 35-year-old Park “rushed” her in a Jamestown laundromat on July 17, 2018, and forced her at knife-point to perform oral sex. Another woman alleged that Park forced her on July 11, 2018, to provide sexual acts behind a city factory near Chandler Street in exchange for safety.

Foley declared a mistrial in August 2019 after testimony, describing an oral swab that tested positive for human DNA, was given by a forensic analyst in front of the jury. Foley ruled that certain remarks made by the analyst referencing a rape kit from the July 17 incident that was compiled by a different official, a serologist, were hearsay. The guilty plea came as a second trial was about to begin.

Park had also been convicted on a charge of first-degree rape of a 5-year-old girl in an incident that took place Sept. 26, 2002. Park was 17 years old at the time when police alleged he had sexual intercourse with the girl at a home on Second Street. He pleaded guilty in January 2003 to the rape charge and sentenced a month later to seven years in prison. Park was required to register as a Level 3 sex offender following his conviction.