Woman released on bail
Posted in In The News on June 15, 2011 by Administrator
BY ROBERT GAVIN Staff writer
Published 12:01 a.m., Wednesday, June 8, 2011
ALBANY -- A woman whose conviction of felony assault for kicking an Albany police officer in 2009 was overturned last week was released Tuesday on $30,000 bail.
Assistant District Attorney Brian Conley, who prosecuted the 2009 case, asked for $100,000 bail. Nisselbeck's lawyer requested $7,500.
Nisselbeck was found guilty in May 2009 of kicking an officer in the groin outside a bar Feb. 1. She'd been with her brothers and a friend celebrating her birthday when police came to quell a confrontation between her party and others. The alleged assault took place after police arrived a second time.
Nisselbeck's attorney successfully argued to an appeals court that Breslin, who oversaw the trial, should have allowed jurors to consider the lesser-included charge of second-degree obstruction of governmental administration to second-degree assault. Jurors convicted Nisselbeck of both, but were not given the option to consider the obstruction charge instead of felony assault.