The hate crime hoodlum charged with beating a group of Jewish subway riders returning from a Chanukah party was jailed Wednesday.
Joseph Jirovec, 19, appeared before Brooklyn Supreme Court Justice Danny Chun expecting to be sentenced on a prior hate crime charge in which he robbed four black teens.
Prosecutor Richard Farrell told the judge that Jirovec had breached the plea deal, calling for six months in prison, by getting arrested for the attack on the Q train in Brooklyn last month.
The judge agreed.
"Perhaps the most aggravating fact is that the new charge is also apparently a hate crime," Chun said. A hearing was set for next week to determine whether Jirovec can get a stiffer sentence.
Jirovec's loss of freedom didn't stop him from testifying Wednesday afternoon before a grand jury from which the Brooklyn district attorney's office is seeking an indictment in the latest attack.
Defense lawyer Peter Mollo argued that his client is Jewish and therefore not capable of committing a hate crime against another Jew. Jirovec, the son of a firefighter, was not bar mitzvahed, but his mom was a Jew, the lawyer said.
"My client is guilty of being young, foolish and in the wrong place at the wrong time," Mollo told the Daily News. "He is not guilty of a hate crime."