The man arrested for allegedly breaking into an Upper East Side apartment and raping a 27-year-old woman inside early Saturday morning claims it wasn't illegal. Specifically, Assistant District Attorney Samuel David said yesterday, "The defendant made a series of statements that he went through the window of the apartment and took the victim's phone, so she'd be unable to call the police, and had sex with the victim -- although he disturbingly claims it was consensual."

Jason Quinones, 21, was charged with rape and burglary after his DNA was reportedly linked to the crime scene at the East 90th Street apartment. His mother told the Post, "My son is innocent. My son is not a rapist . . . This is a big misunderstanding," while his grandmother told the Daily News, "He's a good kid; it surprises me," said Jason Quinones' grandmother, who declined to give her name. "I don't know what happened. Go ask his mother."

The building's super, who said the victim had only moved in recently, also spoke to the Daily News about the woman's first floor window—and the gate over it, "The gate was open. She always left the window open. Living on the ground floor - people can just climb right up." Other residents in the neighborhood expressed concern over their safety, with one saying she'd buy a big bat.