DA Vance Hails Strong Sentence for Sexual Predator

Manhattan District Attorney Cyrus R. Vance, Jr., today announced the sentencing of MICHAEL PAYNE, 27, to 15 years in state prison, followed by 10 years of post-release supervision, for attempting to rape two women near Times Square.

“This defendant was a predator, lying in wait to attack victims who wandered into his path,” said District Attorney Vance. “Criminals like PAYNE cause long-term suffering for their victims, and our streets will be safer when he is behind bars.”

PAYNE pled guilty on October 14, 2010 to the top charges against him, including two counts of Attempted Rape in the First Degree and one count of Assault in the Second Degree. As part of his sentence, PAYNE is required to register as a sex offender.

PAYNE admitted that on December 13, 2007, he attempted to rape a woman on 44th Street and Fifth Avenue. He also admitted that on January 12, 2009, he attempted to rape another woman on W. 47th Street between Sixth and Seventh Avenues. PAYNE was employed as a sanitation worker for a private company and working in the area where he committed both crimes.

According to the court record, at the time of the 2009 incident, PAYNE was working in the vicinity of a hotel. Surveillance video from the hotel shows the defendant following the victim seconds before the attack, and a surveillance camera from a nearby office building shows the attack. PAYNE’s arrest and indictment in the 2009 case led to his apprehension in the 2007 case.

District Attorney Vance thanked Assistant District Attorney Craig Ortner for prosecuting the case under the supervision of Assistant District Attorney Lisa Friel, Chief of the Sex Crimes Unit, within the Special Victims Bureau of the District Attorney’s Office. Assistant District Attorney Megan McDonald and Trial Preparation Assistant Amanda Sewell assisted in this case. District Attorney Vance also thanked Detectives Aura Chacon and Eusebio Santos, supervised by Lieutenant Adam Lamboy, of the Manhattan Special Victims Squad, for their role in the investigation.

Defendant Information:

MICHAEL PAYNE, D.O.B. 09/24/1983
Bronx, NY


Attempted Rape in the First Degree, a class C felony, two counts
Assault in the Second Degree, a class D felony, one count


15 years in state prison
10 years post-release supervision
Defendant must register as a sex offender