The undercover NYPD cop charged in the assault of SUV driver Alexian Lien will not testify before a grand jury, according to NBC 4 New York. Detective Wojciech Braszczok's lawyer John Arlia said that there is unreleased video showing that Braszczok did not participate in the Sept. 29 attack.

"It shows at no point in time him coming in contact with Mr. Lien," Arlia said. "He will be seen separate and apart from the attackers, at no time going near them." Arlia also said that Braszczok wanted to testify, but instead, they will let the grand jury view the tapes.

Braszczok has been charged with gang assault, riot and criminal mischief.

Photo Credit: Getty Images/Andrew Burton