Donald Sterling, V. Stiviano

An Oct. 25, 2013, file photo is of V. Stiviano watching the Los Angeles Clippers play the Sacramento Kings during the first half of an NBA basketball game in Los Angeles. (AP Photo/Mark J. Terrill)

NEW YORK (AP) – A New York court is on track to dismiss criminal charges against a man accused of assaulting the woman who recorded former Los Angeles Clippers owner Donald Sterling making racist comments.

A judge agreed Monday to toss out Dominick Diorio’s misdemeanor assault case if he avoids rearrest for six months. Authorities had said he punched V. Stiviano in the face in June and used racial epithets toward her. She is of black and Hispanic descent.

Prosecutors say they consulted Stiviano about the dismissal plan. Her lawyer didn’t immediately return a call seeking comment.

Defense lawyer David Scott Smith says the dismissal is proper because authorities “can’t prove what didn’t happen.”

Stiviano’s recording led the NBA to ban Sterling. Former Microsoft CEO Steve Ballmer then bought the Clippers.

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