A Manhattan grand jury has refused to indict a French daredevil who scaled the 52-story New York Times building to draw attention to global warming.

The grand jury has, however, directed prosecutors to file Criminal Court charges on two counts of disorderly conduct against 45-year-old Alain Robert. Disorderly conduct is a violation similar to a traffic infraction and is not a crime under New York law.

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A spokeswoman for the Manhattan district attorney said Thursday that the grand jury dismissed misdemeanor charges of reckless endangerment, trespassing and graffiti.

Defense lawyer Daniel Arshack says his client testified for about an hour, telling grand jurors about his professional climbing background and the precautions he took to make sure no one was injured.

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Charges are still pending against another man who climbed the building the same day.

Click here to visit Robert's Web site.