Mark Bonifacio/New York Daily News
Bodega worker Ismael Duran Mark Bonifacio/Daily News
A police sting nabbed a Brooklyn bodega worker for selling booze to a minor even though a security video shows the clerk refusing to do so, the Daily News has learned.
Before he realized the video would acquit him, Ismael Duran pleaded guilty to avoid spending time behind bars.
But now a bodega industry group is pressing the Brooklyn district attorneys office to vacate the plea and to investiga te the police officers involved.
This kind of illegal activity is not going to fly, said Fernando Mateo, spokesman for the Bodega Association of the United States.
If we didnt have the video, this guy would be screwed.
Duran, 44, a married father of three who immigrated from the Dominican Republic three years ago, was arrested April 12 at the Giselle Mini Mart in Brownsville.
Auxiliary Police Officer Anthony Harriott, 18, tried to buy a Smirnoff Ice in an undercover operation, but was denied after showing Duran his identification, court papers show.
I did everything right, Duran said. I asked for the ID. I told him no.
But minutes later, Stanfiel Collymore, 51, a customer who witnessed Duran turn Harriott away, bought the booze and gave it to Harriott outside the store.
Court papers state that Collymore had arranged to take Harriotts money in view of Duran.
But Kevin Faga, Durans lawyer, argued the clerk was bus y dealing with other customers.
Collymore and Duran were both charged with selling alcohol to a minor and unlawfully dealing with a child but Collymores case was adjourned in contemplation of dismissal.
Faga said that when Duran was arraigned he took the advice of his then-lawyer, who told him he could go home if he pleaded guilty and paid a $ 120 fine.
He was afraid hed have to go to Rikers if he couldnt post bail, Faga said.
The DAs office declined to comment on Durans case, and an NYPD spokesman did not respond to a request for comment.
But a law enforcement source said prosecutors have seen the video and are considering vacating Durans plea.
rparascandola@nydailynews.com
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