A police officer convicted of sexually abusing a fellow officer’s wife in an elevator avoided jail time yesterday when a judge said the man would be better off with counseling.

Brooklyn Criminal Court Judge John Carter gave Mark Faljean, 47, a 19-year police veteran from Staten Island, a conditional discharge and required him to attend sex offender counseling, a court spokesman said.

Mr. Faljean was convicted on June 28 of 12 misdemeanor counts, including six counts of sexual abuse, four counts of forcible touching, and two counts of aggravated harassment.

“I’m disappointed with the verdict, but the sentencing was much better,” said defense lawyer John Tynan. “He was relieved that he wasn’t going to be incarcerated.”

Mr. Faljean will likely lose his pension as a result of the sentencing. The victim, however, was angry that Mr. Faljean avoided a prison sentence.

“While the victim, Angie Fedak, was disappointed in the face there was no jail time, she feels it was still important for her to move forward with this case, to take the stand, suffer the public scrutiny so that victims of sexual abuse will see that they can get justice,” said Mrs. Fedak’s attorney, Sanford Rubenstein.

Mr. Faljean was convicted of repeatedly fondling Mrs. Fedak in an elevator at the Brooklyn Army Terminal at Sunset Park on August 19, 2003, while Mrs. Fedak was picking up a paycheck for her husband, a medically retired police officer.

Mr. Rubenstein praised his client for filing charges against Mr. Faljean, especially considering the current climate for sex crime victims who file charges in high-profile incidents. Mr. Rubenstein cited the recent trial of basketball star Kobe Bryant, in which the case was dropped and the woman who filed charges against him suffered death threats and humiliation.

In the case of Mr. Faljean, Mr. Tynan said he would appeal Mr. Faljean’s criminal conviction. In addition, Mrs. Fedak has filed a $10 million civil suit against the city, the Police Department, and Mr. Faljean.