(CN) - A New York state Supreme Court Judge has refused to throw out an attempted grand larceny charge against the man accused of trying to embezzle $2 million from talk show host David Letterman.
Prosecutors say Robert "Joe" Halderman demanded $2 million to stay mum about Letterman's trysts with female staffers on the "Late Show." Halderman has said he was simply giving Letterman the chance to buy a screenplay about Letterman's life.
Manhattan Supreme Court Justice Charles Solomon said Tuesday that a jury should decide whether it was business or extortion, calling it a "classic example of an issue that is best left for a trial jury to decide."
Halderman, 52, a producer for CBS' "48 Hours Mystery," faces up to 15 years if convicted.
His trial is set for March 9.
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