A jury found Finkelstein, of West Philadelphia, guilty of the third-degree misdemeanor in March 2010, after clearing her of the more serious charge of prostitution, lodged after she placed a racy Craigslist ad seeking tickets to the 2009 Phillies-Yankees series.
Finkelstein was sentenced to one year of probation and 100 hours of community service, which she said she completed at historic Pennsbury Manor, dressed as a Quaker, and in working with the nonprofit Philadelphia AIDS Thrift.
In the 11-page opinion, issued Tuesday, the court agreed with Finkelstein's attorney that if she was not guilty of prostitution, she could not be guilty of attempted prostitution.
"The crime of attempt is subsumed in prostitution," the court's finding reads, "and inasmuch as she was acquitted of prostitution, she may not be convicted of attempt."
William J. Brennan, Finkelstein's attorney, said the ruling left him "elated."
"The Superior Court agreed with our argument, and also found that Susan was never, has not, is not, and was not in the business of prostitution."
"Hopefully," Brennan said, "this ends the case." He added: "To spend more tax dollars on this, I think, is ludicrous," although the commonwealth has a right to appeal.
"We will review the opinion," Bucks County District Attorney David Heckler said Tuesday evening. "It seems to me that it veers from common sense, but I guess that's what courts are for. We will determine if it is appropriate to appeal."
Part of his initial concern, Heckler said, is the lack of precedence, and "whether bad law has been made here."
In the fall of 2009, Finkelstein, then a public-relations specialist at a nonprofit, wrote an online listing that read: "Desperate Blonde Needs WS Tix: Diehard Phillies fan - gorgeous tall buxom blonde in desperate need of two World Series Tickets. Price negotiable - I'm the creative type! - Maybe we can help each other!"
