[Kevin Curry]

Or it was his lack of priors and "star" appeal that persuaded the judge to accept a plea in abeyance (maybe that's not what it's called it NY) and subsequent dismissal and sealing. That doesn't mean the offense didn't take place. More likely than not it wasn't a forceable offense against another person, because various victim protection laws would have kicked in if that had been the case and made it very difficult for the judge to hide the details.

[Labyrinthos]

Here's the poop... In New York, an adjournment in contemplation of dismissal ("ACD") essentially means that if the accused is a good boy for six months and complies with any conditions that the court might impose (such as community service, anger management classes, alcohol awareness classes, etc.), then the orignal charges are deemed a nullity and all records of the arrest and the resulting proceedings must be sealed from the public, although the records remain available to law enforcement personnel for good cause shown, parole and probation officers, and the local sheriff's department with respect to an application for a handgun permit. An ACD is a very common plea bargain for first time offenders who are charged with non-violent misdomeanors and violations regardless of the person's political connections.

As a side note, the person who writes the "Practice Commentaries" for the New York Penal Code, as published in McKinney's Consolidated Laws of New York, is Prof. Peter Preiser, from Albany Law School. I wonder if he's related to the assistant district attorney who was fired over this incident.

Here are the Class B Felonies under New York Law: Self abortion in the 2nd degree, unlaful manufacture or distribution of an abortion device, adultry, criminal possession of an anti-security item, issuing a bad check, attempt to commit any misdomeanor, unlawful dealing with a child, unlawful collection practices, conspiracy in the 6th degree, misconduct by a corporate officer, failure to report criminal communications, criminal tampering in the 3rd degree, criminal trespass in the 3rd degree, loitering to use drugs,failure to report wiretapping, tampering with private communications, enterprise corruption, fireworks sale in excess of $500, fortune telling, unlawful possession of a graffiti instrument, harrassment in the 1st degree, creating a hazard, public lewdness, loitering for prostitution with prior conviction, unlawful possession or sale of marihuana in the 5th degree, menancing in the 3rd degree, criminal nuisance, perjury in the 3rd degree, patronizing a ho in the the 4th degree, unlawful possession of a radio device, reckless endangerment of property, rent gouging in the 3rd degree, sexual abuse in the 3rd degree, unlawful use of slugs in the 2nd degree, stalking in the 4th degree, tampering with private communications, and unlawful assembly. Take your pick.