Police say an off-duty NYPD sergeant shot a man who confronted him with a bat outside his Seaford home Friday morning.

According to police, the off-duty sergeant got home from work and discovered his wife with a 29-year-old personal trainer. After an argument, police say the personal trainer grabbed a baseball bat. They say the sergeant then shot him once in the chest.

The attorney for the man who was shot paints a different picture of what happened.

Attorney Jason Russo, speaking on behalf of the personal trainer, says his client was actually trying to leave when the gunfire rang out.

"He was trying to get away and get to his car. The officer followed him and accosted him. My client had left the residence when he was accosted and shot," says Russo.

Police say the gunshot victim was hospitalized and is in stable condition.

Investigators equipped with metal detectors and a rake searched the Halloween decorated lawns on the block looking for clues.

Russo says the off-duty sergeant should be arrested.

"It's attempted murder," says Russo. "I don't see anything clearer. He shot him right in the chest."

At this point no charges have been filed. The NYPD says the sergeant has been placed on modified duty.