A package deal
Accused subway sicko cites size, gets off
He's guilty of nothing more than hitting the anatomical lottery.
An accused subway sicko was acquitted of touching himself on a morning N train after the defense argued the well-endowed defendant was merely adjusting his prodigious package through his pants.
Kosta Kolaci — arrested in April while ripping down wanted posters bearing his picture — was cleared Friday of public lewdness and harassment after a brief Brooklyn Criminal Court bench trial. The 61-year-old testified he was returning early from his construction job and had no recollection of the supposed April 9 selfstroking.
But straphanger Alethia Richardson, 32, contacted police after shooting a video that allegedly showed Kolaci engaged in hand-to-gland contact.
Prosecutors argued Kolaci was pleasuring himself. But at no point did he unzip or expose himself.
Defense attorney Cary London, in addition to arguing his client's innocence, charged the accuser was guilty of paying too much attention to Kolaci's crotch. “The fact that Mr. Kolaci may have a big penis that this woman was enamored with from sitting across from him does not make him guilty of a crime,” London argud Friday.
“This is someone minding his own business who happens to have a penis.”
Richardson couldn't be reached for comment.
A source said Judge Elizabeth Warin didn't buy the massive-member defense — but saw legal shortcomings in the prosecution case. “The judge indicated she did not credit his defense but didn't find his conduct lewd enough.”
Warin did not explain her ruling in court. The public lewdness law does not require exposure of a private part for a guilty verdict.
Richardson told cops she boarded the train at the 59th St. station in Sunset Park and spied the man seated across from her “grab and rub his crotch area.”
She “stated that she observed that the man's penis was erect and appeared to be almost protruding from his pants,” a police report says.
She was “extremely upset” and reported it at a transit precinct after getting off the train in Coney Island — where Kolaci also exited.
The Brooklyn district attorney's office introduced about three minutes of video in three clips discreetly recorded by Richardson.
Kolaci, an Albanian native living in Brooklyn, remains in federal immigration custody facing a deportation order triggered by his arrest. He's hoping the acquittal will boost his hopes of staying in Brooklyn.