The Manhattan DA has decided not to charge Rubenstein with rape, officials said.
The DA's office will launch an independent investigation of the incident, officials said.
Sandra Amezquita, who is due in January, fears for the health of her child after the incident, she said.
Polanco was shot and killed by an NYPD detective during a traffic stop.
Emergency response was delayed by a 911 operator, the late 4-year-old's parents said via their lawyer.
A year after Noel Polanco was killed by an NYPD detective, his mother and sister are still grieving.
The mother of Noel Polanco said she will file a suit against the city Tuesday.
Nearly a month after their 4-year-old daughter's death, Sofia and Alan Russo are still seeking answers.
Nine current and one former city Department of Correction employees are expected to be charged Wednesday.
A notice of claim alleges responders were delayed because of human error and the city's new 911 system.
Staffers at the facility branded the 24-year-old with a scalding potato masher, a lawsuit claims.
Officer Ramysh Bangali won't face a grand jury for shooting Reynaldo Cuevas on Sept. 7, a report says.
The family of Noel Polanco has filed a $20 million notice of claim, according to reports.
The grand jury investigating the police shooting of Noel Polanco will convene in January, relatives said.
The mother of Reynaldo Cuevas passed out during a Sunday press conference.
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