FORT EDWARD — A Fort Edward justice this week found a Queensbury man not guilty of choking a woman.

Nickolas P. Mancuso, 23, was charged with felony strangulation last November for allegations made by a woman he knew.

The charge was reduced to criminal obstruction of breathing, and during a one-day trial in Fort Edward Village Court, Justice Joseph Malvuccio acquitted Mancuso.

Mancuso was on probation at the time for guilty pleas to felony assault and criminal contempt in Queensbury. He had been jailed for violating that probation in light of the Fort Edward arrest, but was released Thursday and allowed to continue on probation in light of the acquittal.

His lawyer, Alexander Shmulsky, said he was able to show that the woman who made the complaint wasn't at the home where it was said to have occurred. (Shmulsky and Mancuso opted for a bench trial instead of a jury trial.)

"The victim was fabricating the story, and not only did it not happen, but she wasn’t even at the house the date of the alleged incident," Shmulsky said.

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