HAUPPAUGE, N.Y. (CBSNewYork) — Suffolk County Police Commissioner Timothy Sini won the race to replace the embroiled Tom Spota as District Attorney, but Spota will be stepping down well before his term ends.

The DA’s office confirmed to CBS2 that Spota will step down on Friday. Chief Assistant Emily Constant will become acting district attorney until Sini takes over on Jan. 1.

Spota had already said he will retire after being indicted last month on charges that he allegedly helped cover up the beating of a handcuffed prisoner by the former county police chief.

Spota and the chief of his anti-corruption bureau, Christopher McPartland, are accused of obstructing an FBI investigation that led to the conviction of the former police chief, James Burke.

Charges against Spota and McPartland include witness tampering and obstruction of justice. Both pleaded not guilty at their arraignment last month in federal court on Long Island.

Burke is currently serving a prison sentence of three years and 10 months after pleading guilty to assaulting a handcuffed man who had broken into his sport-utility vehicle and taken his gun belt, ammunition, a box of cigars and a bag containing sex toys and pornography.

Prosecutors said Burke then lied and asked others to lie on his behalf to cover up the beating.

On Tuesday, Sini, a Democrat, won the race to replace Spota against Republican Ray Perini – who once ran the DA’s Narcotics Division.

Sini said he wants to be the new district attorney “to make a bigger difference.”

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