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In a letter obtained by the Daily News, the governor's lawyer says e-mails prove Paterson was invited to the World Series three weeks before the game.

The state ethics commission had accused him of accepting the tickets as a gift, which would violate state law because the team is an entity which can lobby the state. He's also accused of lying under oath about his intention to pay for the tickets.

Paterson's attorney, Ted Wells, calls the ethics commission's investigation flawed and rushed, saying e-mails show staffers discussing the tickets and an offer by the Yankees.

Paterson has denied all accusations against him and so far declined comment, saying he did not want to interfere with the investigation.

Meanwhile, the former top aide to Governor David Paterson apparently ignored a subpoena to testify about the ticket controversy.

The ethics commission chairman says David Johnson never responded when asked to discuss his role in obtaining the World Series tickets. A lawyer for Johnson says he was unaware he was supposed to appear.

It was Johnson whose alleged Halloween assault of his girlfriend led to an investigation of witness tampering against the governor.