Jennifer Armstrong
November 10, 2009 AT 03:06 PM EST

The suspect in the David Letterman extortion case will ask the court to drop the case, the AP reports. The lawyer for TV news producer Robert J. Halderman, who’s due in New York City court today, will ask that the first-degree grand larceny charge be dismissed. Attorney Gerald Shargel plans to challenge the grand jury evidence that led to his arrest on charges that he blackmailed the late-night host for $2 million, which prompted Letterman to publicly acknowledge affairs he’s had with staffers.

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