Sanford Rubenstein withdrawing from Eric Garner case, his law partner says

NEW YORK (WABC) -- Attorney Sanford Rubenstein is withdrawing from the Eric Garner case so there are no distractions, according to his law partner, Scott Rynecki.

Rynecki said, "I am staying on as attorney for the Garner family."

Rubenstein, 70, is facing allegations of raping a woman inside his home.

The Garner family has not decided what role the firm will have in the case going forward, but Rev. Al Sharpton said he expects a decision by Saturday.

Rynecki referred Eyewitness News to a statement from Rubenstein given to the Daily News:

"I will be stepping back from any role representing the family of police choking victim Eric Garner so there are no distractions from the family's fight for justice," Rubenstein said in the statement. "Other highly-capable attorneys will remain on the team representing the Garner family and will continue to press for justice and accountability."

On Wednesday night, there was a 60th birthday party for activist Reverend Al Sharpton. Rubenstein was there along with Governor Andrew Cuomo and Mayor Bill de Blasio, as well as celebrities and staff from Sharpton's National Action Network.

A highly-placed law enforcement source confirms to Eyewitness News that a female executive who works for Sharpton went to Rubenstein's East 64th Street apartment after the birthday party. When she woke up, the source says she was in pain and there was blood.

"Mr. Rubenstein is one of the city's most respected attorneys," Brafman said. "We do not believe a crime was committed. We are hopeful and confident at the end of the investigation, no charges will be filed."

Eyewitness News is told the woman went to the hospital, a rape kit was used, then she went to the police.

"Her thoughts are that she is a victim of a sex assault. She did not consent to having sex with Sanford Rubeinstein at all. She has been through a traumatic experience and just wants the Manhattan DA to follow the law. She is a mother and well-respected member of the community and is fully cooperating with the investigation." said Kenneth Montgomery, the alleged victim's Attorney.

To be clear, Rubenstein has not been arrested or charged, but detectives are investigating.

"Obviously these are very troubling charges, but I haven't seen the details of it," de Blasio said. And obviously, it will be a full investigation."