Wednesday, August 10, 2011

Ex-NY1 anchor Dominic Carter's 2009 attempted assault conviction overturned by appeals court

Wednesday, August 10th 2011, 7:25 PM

Dominic Carter cries in court, while his wife, Marilyn looks on, during his sentencing.
Richard Harbus for News
Dominic Carter cries in court, while his wife, Marilyn looks on, during his sentencing.

Scandal-scarred former NY1 anchor Dominic Carter's 2009 conviction for attempted assault on his battered wife was overturned by a state appeals court.

Carter spent 19 days of a 30-day sentence in jail before his February 2010 release - but the court ruled his case should never have gone to trial.

"Dominic is elated that justice has finally been done and his name cleared," his lawyer, Julia Kuan, said Wednesday. "He is looking forward to resuming his career in journalism."

Carter cut a deal with the Rockland County District Attorney that was improperly pulled off the table, the appeals court ruled.

He was arrested in October 2008 after his bruised wife accused the TV newsman of kicking, punching and choking her during a heated fight at their home.

Carter, representing himself, reached a plea bargain agreement with prosecutors. Under the deal, the charges would have disappeared if Carter avoided trouble for a year.

But the District Attorney's office later sought to void the agreement - and the judge concurred.

During Carter's trial, his wife testified that she was attacked by a day laborer, not him - a story the judge rejected as "preposterous."

But this week's appeals court ruling found the judge lacked grounds to vacate the initial deal, essentially turning Carter from an ex-con to a no-con.

A spokeswoman for the Rockland County District Attorney did not respond Wednesday to a request for comment.

The scandal cost Carter his job at NY1, but not his marriage: The couple celebrated their 25th anniversary last month.

He's now working on rebuilding his career. Last month returned to TV as guest on "The Richard French Show," a nightly program on RNN-TV, a regional news operation that serves the metropolitan area.

rhuff@nydailynews.com

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