JERSEY CITY -- Prosecutors haven't presented enough evidence to support a robbery charge against a man cops say was a would-be bank robber when he entered a Hoboken branch after the money had already been locked up for the night, a judge has ruled.

Edward Dempsey, 54, of Bayonne, hopped over the teller counter at Investors Bank on River Street at 6:45 p.m. June 7 and saw that every cash drawer was empty, police said.

After Dempsey learned there was no loot to be had, he requested the return of his note and left the bank otherwise empty-handed, an official said.

Defense attorney James Lisa argued at last week's detention hearing that the note Dempsey passed to a teller said something like: "This is what I need. Give me the money." Lisa said he argued that the note contained no threat of physical harm to anyone.

The threat of or the use of force is an element of the crime of robbery.

During the probable cause portion of Dempsey's detention hearing, Hudson County Superior Court Judge Paul DePascale said the evidence presented to him seemed insufficient to support the charge of robbery, Lisa said.

The judge ordered Dempsey released with conditions of supervision, given the fact that he could face the charge of attempted theft, a lesser offense, Lisa said.

However, the prosecution does have the option of presenting the case to a grand jury to seek an indictment on the bank robbery charge or other offenses.

On the day of the incident, police responded after a teller triggered a panic alarm and were told that a man gave the tellers a note that included information on money denominations and said, "Give me that money!" But there was no money to be had so the man fled, police said.

Police officers quickly canvassed the area, but they could not locate a suspect. Over the next four days, police obtained video footage and provided photos to all police departments in the state seeking assistance.

With information from the Rutherford and Weehawken police departments, Hoboken detectives went to Bayonne and identified Dempsey as the person who attempted to rob the bank and they arrested him without incident, police said.

Dempsey was charged with second-degree robbery and he was taken to Hudson County jail until his detention hearing.

An official said Dempsey has a conviction on a similar charged in New York.