Published: Jul 11, 2011 6:54 PM EDT
Updated: Jul 11, 2011 5:55 PM EDT

NEW YORK (AP) - The attorney for a man charged with smashing glass doors and breaking into the New York City theater where David Letterman tapes his television show says the man drunk and doesn't recall the incident.

James Whittemore was arraigned Monday on burglary and criminal mischief charges. His lawyer says the 22-year-old "certainly didn't plan this" and doesn't even remember how he got to the Ed Sullivan Theater early Sunday.

A criminal court complaint says Whittemore used a metal stanchion to break several of the theater's glass doors. They say he went inside the theater while it was closed and did about $5,000 worth of damage. The complaint says pictures, fans, phones, and printers were among the items damaged.

CBS and production company Worldwide Pants said the "Late Show" set wasn't harmed.

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