Woman released on bail

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.

Danielle Nisselbeck, 28, sentenced to four years in prison in July 2009, embraced her father and attorney Matthew Hug after her release by Albany County Judge Thomas Breslin.

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.

Source: http://www.timesunion.com/local/article/Woman-released-on-bail-1414273.php#ixzz1PqKAghBG