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Manhattan DA spokeswoman Tracy Golden tells PEOPLE that Follieri was cleared because he fully reimbursed John Morrongiello for the $215,000 check Follieri wrote him, and Morrongiello, of Colts Neck, N.J., no longer wishes to pursue the case.
Follieri, 29 – who has been dating Hathaway, 25, since 2004 – was expected to appear in Manhattan Criminal Court Monday.
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