A New York correction officer accused of having sex with an inmate at the Taconic Correctional Facility earlier this year was acquitted yesterday of rape and sexual abuse charges.

The jury of seven men and five women voted unanimously to find him not guilty of third-degree rape, a felony, and second-degree sexual abuse, a misdemeanor. The verdict came on its second day of deliberations following a weeklong trial before state Supreme Court Justice Thomas Dickerson. Brenyah, who had been free on $2,500 bail and suspended without pay, would have faced up to four years in state prison and the permanent loss of his job and pension if convicted.

The 42-year-old inmate accused Brenyah of forcing her to have sex in the bathroom down the hall from her cell early on Feb. 25, during the officer's 11 p.m.-to-7 a.m. shift, while 30 other inmates slept on the cellblock.

Later that day, she reported her allegations to a nun who was a counselor at the prison, though several inmates who testified for the defense said they heard her singing in the shower that morning.

Brenyah testified Thursday that the 42-year-old inmate made up the account.  The husband and father of two said he never touched the woman inappropriately and she never made any sexual advances toward him.

Kaminsky argued to the jury that the woman's testimony was not credible and suggested that her motivation for accusing Brenyah was monetary. She acknowledged filing a lawsuit against Brenyah and the state Department of Correctional Services after the officer was arrested.

Assistant District Attorney Dan Schorr said the woman did not cry out during the incident because Brenyah, as a correction officer, had power over her and she feared that her sentence could be extended if she did not obey him.