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Judge dismisses sole criminal charge against Andrew Cuomo

Move was expected, with prosecutors telling court they couldn’t prove the sexual harassment case and wanted to drop it; former governor has denied charges

New York Governor Andrew Cuomo prepares to board a helicopter after announcing his resignation, August 10, 2021, in New York. (AP Photo/Seth Wenig)
New York Governor Andrew Cuomo prepares to board a helicopter after announcing his resignation, August 10, 2021, in New York. (AP Photo/Seth Wenig)

ALBANY, New York (AP) — A judge on Friday dismissed the only criminal charge filed against former New York Gov. Andrew Cuomo in connection with the sexual harassment allegations that drove him from office.

The move had been expected after Albany County prosecutors said they couldn’t prove the case and wanted to drop it, and Cuomo’s lawyers asked the court to agree.

Cuomo, a Democrat who denied the allegation, didn’t speak during Friday’s short virtual hearing. Wearing a black mask, he was briefly visible on the videoconference as his lawyer Rita Glavin moved her camera to show him in the room.

“As the governor has said, this simply did not happen,” she said in a video statement after the hearing.

“Today, reason and the rule of law prevailed. Not politics, rhetoric or mob mentality,” Glavin added.

Assistant district attorney Jennifer McCanney told the court that prosecutors had “reviewed all of the available evidence and concluded we cannot successfully secure a conviction in this case.”

Judge Holly Trexler said she was “acutely aware” of district attorneys’ “unfettered discretion” to decide whether to prosecute a case.

“A court may not and should not interfere with discretion of a district attorney,” she said.

Former New York Gov. Andrew Cuomo appears briefly virtually for a court session in Albany City Court before Judge Holly Trexle on Friday, Jan. 7, 2022, in Albany, N.Y. (AP Photo/Hans Pennink,Pool)

The dismissal of the charge, which accused Cuomo of groping an aide in the executive mansion in 2020, removes what had been seen as the most serious legal threat to the former governor. He said he never touched anyone inappropriately.

He could still face lawsuits over his conduct if his accusers choose to take him to court. Some, including Commisso, have indicated they plan to do so.

The local sheriff filed the misdemeanor complaint in October, two months after Cuomo resigned from office.

Albany County District Attorney David Soares told Trexler this week that although the aide was credible, and some evidence supported her account, he believed he couldn’t win a conviction in court.

The aide, Brittany Commisso, said Cuomo slid his hand up her blouse and grabbed her breast when they were alone in an office at the mansion.

Her testimony was among the most damning in a report released in August by Democratic state Attorney General Letitia James that concluded Cuomo sexually harassed 11 women.

This image provided by CBS This Morning/Times Union shows Brittany Commisso, left, answering questions during an interview with CBS correspondent Jericka Duncan on CBS This Morning, August 8, 2021, in New York. (CBS This Morning and Times Union via AP)

Cuomo resigned that month. He has called the report unfair.

Soares has said he was caught by surprise when Sheriff Craig Apple, a fellow Democrat, filed the forcible touching complaint without consulting the prosecutor’s office. Soares called it “potentially defective” and moved to delay Cuomo’s arraignment, originally set for November.

In a letter to Trexler on Tuesday, Soares said “statutory elements of New York law make this case impossible to prove.” He added that government inquiries into Cuomo’s conduct had created “technical and procedural hurdles” regarding prosecutors’ obligations to disclose evidence to the defense.

Glavin on Friday called the complaint “a blatant political act,” branded Apple a “rogue sheriff” and assailed Commisso’s credibility.

“As the governor has said, this simply did not happen,” Glavin said.

Apple has shrugged off previous attacks by Cuomo’s representatives as unfounded.

Some legal experts said Soares’ decision illustrated the difficulties of prosecuting sex crime allegations. But others said he should have proceeded if he considered the accuser credible.

Commisso was among the critics.

“My disappointing experience of re-victimization with the failure to prosecute a serial sexual abuser, no matter what degree the crime committed, yet again sadly highlights the reason victims are afraid to come forward, especially against people in power,” Commisso said in a statement to the Times Union of Albany.

The Associated Press doesn’t identify people who say they have been sexually assaulted unless they decide to tell their stories publicly, as Commisso has done in interviews.

Soares, in a radio interview Friday, noted that the attorney general’s inquiry didn’t have the same legal requirements as a criminal case, and he said prosecutors can’t be swayed by public sentiment or “passions.”

“It’s not for me to engage in any kind of debate with those who aren’t equipped with as much information or the obligations that I have. Everyone is entitled to an opinion, but there’s only one person with a burden of proof, and that’s me,” he told the WAMC/Northeast Public Radio network.

Two prosecutors in the New York City suburbs separately announced last month that Cuomo would not face charges for allegations involving other women who said they had been subjected to unwanted kisses or touches.

James, meanwhile, is still looking into whether Cuomo improperly used state workers and resources for his coronavirus pandemic memoir. He’s also tussling with state ethics commissioners who won him to turn over $5 million in book proceeds.

The US Department of Justice in August opened a civil inquiry into sexual harassment allegations concerning Cuomo. The status of that investigation is unclear.

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