Two Russian climbers charged with scaling the Empire State Building face possible prison time and deportation after their attorney accused Manhattan prosecutors of withdrawing a proposed misdemeanor plea agreement the night before their November 12, 2026, court appearance.
Ivan Kuznetsov, 32, and Angelina Nikolau, 33, appeared in Manhattan Criminal Court, where attorney Noam Biale said the agreement would have allowed them to resolve the case on lesser charges and reduce the risk of losing their ability to remain in the United States. The Manhattan District Attorney's Office disputed his account, saying prosecutors had never made a formal plea offer.
Biale warned that deportation to Russia could expose Kuznetsov to military conscription for the war in Ukraine and Nikolau to imprisonment over her artistic expression.
The couple, who live in the United States on talent visas, continue to face felony burglary and reckless endangerment charges stemming from their July 1 climb. Certain criminal convictions can make foreign nationals subject to deportation, depending on the offense and federal immigration law. Even a misdemeanor conviction can carry immigration consequences.
Just two weeks earlier, Biale had indicated that negotiations with prosecutors were approaching a resolution. At an October 27 hearing, a judge also lifted the couple's requirement to report for monthly supervision check-ins. Their latest appearance ended with the felony charges still pending and another hearing scheduled for January.
The couple's July 1 climb of the Empire State Building's broadcast antenna led to felony charges after prosecutors accused them of unlawfully entering restricted areas, damaging a security-door lock and endangering responding officers.
Authorities said police had to wait approximately 30 minutes for the building's broadcast antenna to be powered down before climbing roughly 1,250 feet to intercept them. Prosecutors cited the emergency response in support of the reckless endangerment allegations.
Kuznetsov and Nikolau, featured in the 2024 Netflix documentary Skywalkers: A Love Story, climbed the antenna without safety equipment, unfurled a banner promoting love and peace, and staged an apparent marriage proposal above Manhattan.
In an interview aired November 11, Kuznetsov said the couple was prepared to accept responsibility for the climb and expressed regret for the officers who responded.
The criminal proceedings are scheduled to resume January 28, 2027, with prosecutors maintaining the felony charges and the couple's immigration future unresolved.
