NEW YORK A 19-year-old charged in an attack on a group of Jewish subway riders who were wishing other riders "Happy Hanukkah" has been jailed in a separate hate crime.
Supreme Court Justice Danny Chun says Joseph Jirovec breached a plea deal by getting arrested for the attack on the Q train in Brooklyn.
That deal would have allowed him to serve six months in prison on a prior hate crime charge for the robbery of four black teens.
A hearing is set for next week to determine if Jirovec should get a stiffer sentence.
Defense lawyer Peter Mollo says his client is not guilty of a hate crime against the group of Jewish subway riders.
A Muslim student helped stop an attack on four Jewish subway riders.
Attack victim Walter Adler has called Hassan Askari a hero for intervening when Adler and three friends were assaulted on a train in lower Manhattan last month after they were heard saying "Happy Hanukkah."
Askari tried to fight off the 10 attackers, giving Adler a chance to summon police by pulling an emergency brake.
Eight men and two women have pleaded not guilty to assault, menacing and other charges.