But Baimadajie Angwang tested positive for COVID-19 last week and may have to wait for a negative test before he's released.
The judge cited increasing coronavirus cases in the federal jail in Brooklyn where Angwang is being held, as a reason for his release.
He will likely be under electronic monitoring and confined to his home.
Angwang was a community affairs officer in the 111 precinct in Queens and a US Army Reservist at Fort Dix.
The 33-year-old is an ethnic Tibetan native of the People's Republic of China and a naturalized U.S. citizen who referred to himself as an "asset" of the People's Republic of China, according to the criminal complaint. Since June 2018, the FBI said Angwang has been "in frequent communication" with an unidentified Chinese consular official he referred to as "Boss."
According to the criminal complaint, Angwang acted "at the direction and control" of Chinese government officials at the consulate in New York to report on the activities of ethnic Tibetans, assess potential ethnic Tibetan intelligence sources and use his official position at the police department to give consulate officials access to senior NYPD officials.
He is also accused of committing wire fraud, making false statements and obstructing an official proceeding.
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