Disgraced ex-government. Andrew Cuomo will have to appear in Albany court “in some form” on Friday, where a judge is expected to file charges of misdemeanors for sex crimes for allegedly groping a former aide, a legal source told The Post.
Cuomo, 64, was due to appear in court Friday because of the charges, but Albany County District Attorney David Soares announced Tuesday that he dropped the case.
Soares said that while prosecutors found the alleged victim, Brittany Commisso, “cooperative and credible,” his office would not have been able to prove the allegations during the trial.
Commisso, 33, had filed the most serious public indictment against Cuomo, claiming he pulled her in for a hug, reached under her blouse and caressed one of her breasts at the Executive Mansion in late 2020.
In a letter to Albany City Court Judge Holly Trexler on Tuesday, Soares wrote that “statutory elements of New York law make this case impossible to prove,” but did not provide details.
Soares did not go into detail, but a source with knowledge of the investigation said: “There are things she said that would make the prosecution difficult because of evidence and statements already in public.”
The source pointed to a report from The Times-Union of Albany that said one of the prosecutors’ concerns stemmed from the Commission’s statement that she had nervously told Cuomo: “You’ll get us in trouble” when he hugged her sexually. aggressive way.
Soares said in his letter that the many state investigations into Cuomo’s alleged misconduct had also caused “technical and procedural obstacles” with respect to prosecutors’ obligation to disclose evidence to the defense.
Prosecutors considered other potential criminal charges but concluded no one suited the charges, Soares added.
A court source said Cuomo’s hearing Friday at 13.30 was still in the books and that he would have to show up either in person, virtually or via his lawyer.
Commisso’s allegations against the governor were included in State Attorney Letitia James’ 168-page bombing report, which accuses Cuomo of harassing 11 women, including nine current or former state employees.
Cuomo, who has denied all charges against him, resigned in August, a week after the report was released.
Albany County Sheriff Craig Apple’s office filed a criminal case against Cuomo in October before consulting with the district attorney.
Commisso told The Post that she believed the DA’s decision not to proceed would deter women from standing up.
“I do not think it teaches anyone anything,” she said. “It does not show or prove a good message.”
Her lawyer Brian Premo said his client should have had his day in court.
“When a victim… has a desire to speak in a courtroom and get a jury to make a decision, especially when it is an allegation of sex crime and it is a woman who was allegedly subjected to and abused by a very powerful person, then I think a jury should make that decision, ”Premo said on Albany’s Talk1300 radio program on Wednesday morning.
“She just feels like her voice is not being listened to.”
Legal experts noted that Commisso could still sue in a civil court – something her lawyer confirmed she intends to do.
“In this case, my client had no control over the filing or prosecution of criminal charges. She had no authority or voice in those decisions,” Premo told The Post. “The only thing she has power over is her decision to continue with to speak the truth and seek justice in an appropriate civil action, which she will do in due course. “