"Officer Quintana was unquestionably injured on duty and disabled as a result," Kennedy said. "The extent and duration of his disability was the subject of disagreement among medical professionals and, as a result, the uniqueness of this case lent itself to an alternative resolution."

As part of his diversion program, Kennedy said, Quintana will be required to abide by certain conditions, including the repayment of some of the police pay he received while on disability leave.

Defense lawyer Barry N. Covert confirmed Kennedy's account of what led to the diversion program, but declined to comment further.

From Day One, Quintana argued that, yes, he worked at the Niagara Cafe but only for an hour or so each day and only when his pain would permit it. He also claims he was never paid for his work at the restaurant.

"When he was up to it, he would go to the restaurant," Covert said of his client at the time of his arrest. "And he never hid that."

For years, there were two criminal prosecutions of police officers accused of faking on-duty injuries. Quintana was one. Patrick S. O’Mara was the other.