By JENNIFER PELTZ

Associated Press Writer

NEW YORK — A TV news producer accused of blackmailing David Letterman in exchange for keeping quiet about his sexual affairs was only trying to sell the late-night comic a screenplay, a defense lawyer said Tuesday.

Robert J. "Joe" Halderman's lawyer asked a judge to toss the attempted first-degree grand larceny case, saying the producer did nothing illegal in slipping Letterman documents alluding to the "Late Show" host's dalliances and taking a $2 million check from Letterman's lawyer.

"There was no extortion. There was a screenplay for sale," the lawyer, Gerald Shargel, said outside court. "There was a commercial transaction. Nothing more."

But a lawyer for Letterman said the exchange was a shakedown, not a sale.

"It's classic blackmail, no matter how Mr. Halderman's lawyer wants to dress it up," Daniel J. Horwitz said outside court.

In papers filed Tuesday, Shargel argued that the indictment against Halderman should be dismissed because his conduct wasn't a crime, among other claims. Assistant District Attorney Judy Salwen said she was confident a judge would find the indictment was on solid legal ground.