A 35-year-old Manhattan Assistant District Attorney has been convicted of choking a 32-year-old woman at a bar in Kips Bay last Halloween. He faces up to a year in jail and has resigned from the D.A.'s office.

Criminal Court Judge Ann Scherzer convicted Eli Cherkasky of third-degree assault, criminal obstruction of breathing and second-degree harassment, stemming from the November 1st incident in which he attacked 32-year-old Kirsten Schuck at Failte on 2nd Avenue. Schuck testified that he shoved her into a stair railing, put his hands around her throat and choked her after she confronted him for touching her belongings.

Cherkasky's lawyer argued that the incident was just a drunken misunderstanding, but Scherzer sided with the prosecution. The judge also suggested Cherkasky, who a bartender at Failte noted was "very, very clearly drunk" on the night of the incident, seek alcohol abuse treatment.

Cherkasky, whose father Michael Cherkasky was a former top Manhattan prosecutor and once served as Eliot Spitzer's boss, has resigned from his post at the D.A.'s office. He had been on leave since his arrest.