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Unfortunately, the technicality that you are pointing to here does not effect the manner in which the military considers the offense. New York is a state and can pass their own state's laws concerning how an incident is treated for their state. The military is controlled by federal law though. Federal law preempts state law, so when the military looks at offenses or records, they are not bound by what a state may classify a situation. Instead, the military takes the facts and makes a determination about whether or not the facts themselves (not what the state may specifically have charged) acts as a disqualification.
Regrettably, there is no real basis to appeal the determination of a recruiting station. You would have to go to different recruiters and, it is likely, you'll get different results from them based on their need. I think your argument certainly works and gives wiggle room to those recruiters that want it to, but there is no basis here to force a recruiter to open up MOS's when they have determined you are disqualified.