A judge formally dismissed the only criminal charge against disgraced former New York Gov. Andrew Cuomo (D) at the prosecutor’s request.
The move was expected after prosecutors said they couldn’t prove the case and didn’t want to continue, and Cuomo’s lawyers asked the court to agree.
Albany County District Attorney David Soares told Judge Holly Trexler that although evidence supported the accuser’s account of Cuomo groping her at the executive mansion in 2020, he believed he couldn’t win a conviction.
Brittany Commisso, Cuomo’s former aide, said Cuomo groped her when they were alone in an office at the mansion. Attorney General Letitia James’ (D) released a report, which included Commisso’s damning testimony, concluding that Cuomo sexually harassed 11 women.
Cuomo has vehemently denied the accusations. He resigned that month, calling the report unfair.
In a letter to Trexler, Soares said, “statutory elements of New York law make this case impossible to prove.” Government probes into Cuomo’s conduct had created “technical and procedural hurdles” regarding prosecutors’ obligations to disclose evidence to the defense, he said.
The prosecutor’s decision was criticized by some, including Commisso.
“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.