A judge has declared a mistrial on the rape charges against an off-duty NYPD officer who was convicted on other counts in his attack of a woman he grabbed off the street.

Michael Pena was convicted on six counts Tuesday, including predatory sexual assault. But the jury, after deliberating into Wednesday on the two charges of first-degree rape, could not agree on those counts.

The victim had testified that Pena forced her into an apartment courtyard and raped her at gunpoint. Pena's defense lawyer said Pena admits attacking the woman but never completed intercourse with her.

The predatory sexual assault charge carries the potential for life in prison.

Pena, an officer for three years, was suspended since his arrest. He was officially terminated Tuesday after his conviction of sexual assault.

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