Suffolk County Legis. Nicholas Caracappa (C-Selden).

Suffolk County Legis. Nicholas Caracappa (C-Selden). Credit: James Escher

A judge in Suffolk County has agreed to dismiss a domestic violence case against Suffolk County Legis. Nicholas Caracappa if he obeys an order of protection and stays out of legal trouble for a year.

On Friday, acting State Supreme Court Justice John Iliou adjourned the case against Caracappa (C-Selden), who is accused of choking his estranged wife, for one year in contemplation of dismissal, and set a one-year order of protection for her.

Nassau County District Attorney Anne Donnelly’s office agreed to a defense motion for adjournment after prosecutors "reviewed the evidence and had extensive conversations with the complainant," who "fully supports the resolution," spokesman Brendan Brosh said, referring to Caracappa's ex-wife.

"Our position is he was innocent from day one, and we're glad the Nassau DA's office looked at it closely and decided essentially the same thing," Caracappa’s attorney, Kevin Fitzgerald, told Newsday.

A lawyer who represented Caracappa's ex-wife in a divorce case involving Caracappa did not respond to a request for comment on Monday.

Caracappa was arrested in December 2020, a month after he was elected to his 4th Legislative District seat, and charged with choking his then-estranged wife and violating an order of protection. He pleaded not guilty.

Caracappa, who was reelected in November with 70% of the vote and became legislative majority leader in January, has said repeatedly he would be "vindicated" in court.

The case began during the couple's divorce and custody dispute, Fitzgerald said. Their divorce was finalized last year, with Caracappa getting primary custody of two of their three children.

Donnelly’s office became special prosecutor in the case in January after Suffolk County District Attorney Ray Tierney recused himself from the case, which began under former District Attorney Timothy Sini.

Tierney's office said he wanted to avoid any appearance of impropriety after he and Caracappa had run on the same political party lines in November and appeared at campaign events together.

Suffolk Legis. Kevin McCaffrey (R-Lindenhurst), presiding officer of the county legislature, told Newsday dismissal of the charges would allow Caracappa to "continue the work that he started without any concerns about what may be hanging over his head."

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