The Argentinian opera star who was nearly arrested after throwing a tantrum at an Upper West Side restaurant had her day in court yesterday. Soprano Gabriela Pochinki had been carrying on a noisy cell phone conversation via speakerphone at restaurant Nice Matin when a manager asked her to pipe down. When Pochinki blew her off, the manager asked her to leave—four times, and then Pochinki allegedly flew into a rage, shoved her, and refused to pay her bill.
Yesterday she made a brief courtroom appearance to accept a plea deal on misdemeanor charges of trespassing, theft of service, and disorderly conduct, which could have landed her behind bars for up to 90 days. But as expected, she received an adjournment in contemplation of dismissal, which means that if she stays out of trouble for six months, the charges will be essentially dropped.
In a statement, Pochinki said, "I'm deeply sorry this situation turned out the way it did, and that I was speaking too loudly on my cell." Her next court date is in April, and we'll keep following up on this important story until we run out of photos of Pochinki.




The restaurant manager wasn't named but I'd like to nominate her for the "Tablecloth Restaurant of the Year Award" as "Hostess With The Mostest On The Ball". She did what I would like to do every time I hear someone talking loud on a cellphone, have them arrested. I would not only have them arrested, drawn & quartered or tarred and feathered or in minor cases just slapped around.
I'm with you on that. Most restaurant managers are too timid to confront rude, inconsiderate customers.
John: "ACD" in a criminal case does not mean "acquittal in contemplation of dismissal." It means Adjournment in Contemplation of Dismissal," which means if the defendant is not arrested again for anything during the next six months, the ACD'd case is automatically deemed dismissed.
Yep. Big difference, because once someone is acquitted the case is over. Charges can't be filed again. An adjournment in contemplation is, similar to any adjournment in a court, essentially a postponement. ACD means "we're holding off on trying this case, and if you stay out of trouble for six months we'll dismiss the charge." In that situation there would be neither an acquittal no a conviction.
I don't see the above statement attributed to her in the linked Post article, which currently only says that her lawyer didn't return a call asking for comment. But if that's what she said, it's a pretty lame apology. She seems not to be apologizing for the behavior that actually was the problem, and being sorry for how the "situation turned out" really means nothing other than that she's regrets being arrested.
I wonder what this diva's reaction would be if someone in the audience talked very loudly into his cell phone during one of her performances.
Probably relief that the audience was fixated on the cell phone offender and not her offensive singing.
why did gothamist put up a photo of the ghost whisperer?