Screenplay or blackmail?

NEW YORK – David Letterman was on the receiving end of a sales pitch, not a shakedown, a defense lawyer said Tuesday as he argued that a TV producer accused of extorting the comic simply was peddling a screenplay.

Robert J. “Joe” Halderman’s lawyer asked a judge to toss the attempted first-degree grand larceny case, which spurred Letterman to acknowledge his office dalliances in a startling on-air monologue last month. Attorney Gerald Shargel said the $2 million exchange was business, not blackmail.

“There was a commercial transaction. Nothing more,” he said.

The first outlines of Halderman’s defense spotlighted Letterman’s behavior, drawing a sharp response from the “Late Show” host’s camp. A lawyer for Letterman said the comic was prepared to testify

if the case went to trial.

“It’s classic blackmail, no matter how Mr. Halderman’s lawyer wants to dress it up,” Letterman attorney 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.