The 37-year-old Donis (pictured), of New Jersey, was at home when his wife Nancy Donis, 38, told him she was going out for dinner, leaving him to take care of their five-year-old son, New York Post reported.
But minutes after his wife left, he could not find his iPad and he turned on the Find My iPhone app to locate it.
When the software showed the device moving towards an unknown location, and suspecting that his wife had taken it, Mr Donis decided to follow.
He arrived at a house and opened an unlocked door.
On the second floor, he found his wife in bed with her 58-year-old boss, Albert Lopez.
He then recorded two short videos with an iPhone.
However, he got a letter in July 2017 that he had been indicted on charges of felony burglary and unlawful surveillance by a grand jury.
If convicted, he faces up to 15 years in prison for the offences.
According to Yahoo News, he was charged with unlawful surveillance for shooting the videos and showing them to his wife’s family.
Mr Donis has twice appeared in court over the incident, once in September 2017 and on Friday.
Lopez, who filed the charges, said Mr Donis’s wife told him that she was separated from her husband.
He said he was in fear when Mr Donis walked in on them, and kept telling him to get out.
But Mr Donis told the New York Post: “I feel like it’s unjust what they’re doing to me.
“It’s like I’m being punished twice.”
“The defendant should be given a medal for the amount of restraint he showed when he entered that scene,” Mr Donis’s lawyer, Howard Greenberg told the jurors.
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