If this is Ellis' first drug-related offense, which it is believed to be, he will not be suspended. Instead, he'll be enrolled in the league's substance abuse program.

Ellis, a ninth-year pro who leads the Jets with seven sacks, will play Sunday when the Jets play at the 49ers, a team official said last night. That person requested anonymity because decisions about the starting lineup are announced by coach Eric Mangini.

"I apologize to my family, the fans and the organization," Ellis said in a statement. "As a captain, I set a poor and selfish example for my teammates as well as all NFL players. Although this is a pending legal matter, I understand that I have to be responsible for my actions."

Jets executive vice president and general manager Mike Tannenbaum said he and Mangini have spoken with Ellis.

"He is disappointed with himself and has apologized for his actions," Tannenbaum said in a statement. "Personal conduct is important and an area that we stress to the entire organization. Shaun has been a leader on this team and I am confident that he will handle this in the appropriate fashion. The legal process will run its course and the league will handle this matter."

Rookie CB Dwight Lowery may have found a new home after his well-documented struggles cost him his starting spot a few weeks ago.

The fourth-round pick showed his versatility by covering the slot receiver for the first time last Sunday against the Broncos. Lowery, who was pulled from the starting lineup for Ty Law two weeks ago, filled in after Hank Poteat was banged up.

Lowery, who has been beaten for six touchdowns and a two-point conversion this season, also recorded his first career interception against the Broncos.

"I thought he did a nice job there," coach Eric Mangini said. "That's what you're looking for. Whether you're starting, whether you're backing up or whether you have to go into a different spot, knowing the assignments and being able to go and do that effectively. I thought it was great that he got the pick that he did."

Mangini, who has repeatedly lauded Lowery for his resilience, also noted he had three interceptions in practice Wednesday.

"It's funny," Mangini said, "it's like you open up the box and suddenly the pick machine comes out."

Mangini didn't make any guarantees, but he admitted he was "pretty optimistic" that inside linebacker David Harris will play Sunday against the 49ers. The versatile Harris was the team's leading tackler before missing the past five games after groin surgery.

"He's stout against the run," Mangini said. "He's more fluid than you think in the passing game. He's a good blitzer and he's very consistent in his performance. He has an excellent feel, too, in terms of blocking schemes and getting to the ball. All of those things are things that I think he does really well. When you lose that, there is a transition."