Judge dismisses groping charge related to Cuomo criminal complaint

Oct 28, 2021

Ben Burke Producer

By Ben Burke (Producer)

Update (Jan. 7, 2022): A few days after the Albany County district attorney announced he was dropping the misdemeanor groping charge that came out of a criminal complaint against former Governor Andrew Cuomo (D-NY), the charge was officially dismissed in court Friday. The video above shows the hearing where it happened. 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.”

“A court may not and should not interfere with discretion of a district attorney,” Judge Holly Trexler said before dismissing the charge. After the Friday hearing, which former Gov. Cuomo attended, his lawyer continued to deny the allegation that led to the criminal complaint.

“As the governor has said, this simply did not happen,” Rita Glavin said in a video statement. “Today, reason and the rule of law prevailed. Not politics, rhetoric or mob mentality.”

Cuomo could still face lawsuits if his accusers choose to take him to court. Brittany Commisso, who was believed to be behind the criminal complaint, is one of the accusers who have indicated they plan to do so. On Friday, Cuomo spokesperson Rich Azzopardi said Cuomo “will not pay one penny in attempts at civil extortion.”

Update (Jan. 4, 2022): Over two months after a criminal complaint was filed against former Governor Andrew Cuomo (D-NY), Albany County District Attorney David Soares announced Tuesday he was dropping the misdemeanor groping charge that came out of the complaint. Former Gov. Cuomo was supposed to appear in court Friday. In a statement, Soares said he was dropping the case because he didn’t believe he could prove it.

“While many have an opinion regarding the allegations against the former governor, the Albany County DA’s Office is the only one who has a burden to prove the elements of a crime beyond a reasonable doubt,” Soares said in the statement. “While we found the complainant in this case cooperative and credible, after review of all the available evidence, we have concluded that we cannot meet our burden at trial.”

Original Story (Oct. 28, 2021): Former New York Governor Andrew Cuomo may be facing criminal charges after confusion arose Thursday over a complaint that was filed. The filing came as a surprise to many, even Albany County District Attorney David Soares.

“Like the rest of the public, we were surprised to learn today that a criminal complaint was filed in Albany City Court by the Albany County Sheriff’s Office against Andrew Cuomo,” his office said in a statement. “The Office of Court Administration has since made that filing public. Our office will not be commenting further on this case.”

The Times Union, a local newspaper, quoted unnamed officials as saying the criminal complaint against Cuomo had been issued “prematurely”. The sources said a final decision hadn’t been made about whether Cuomo would face charges.

The one-page complaint was filed by an investigator with the Albany County Sheriff’s Office. It accused Cuomo of forcible touching, saying he put his hand under a woman’s shirt on Dec. 7, 2020. The crime of forcible touching is punishable in New York by up to year in jail and up to three years probation, with discretion for the court to impose lesser penalties including no jail time.

The criminal complaint didn’t say who Cuomo is accused of forcibly touching. However, he had been publicly accused of groping an aide, Brittany Commisso, at the executive mansion in Albany around that time.

Commisso said Cuomo pulled her in for a hug as she prepared to leave his office at the mansion. According to her account, when she told him, “You’re going to get us in trouble,” Cuomo replied, “I don’t care,” and slammed the door shut. Commisso said Cuomo then slid his hand up her blouse and grabbed her breast.

Her accusation was just one of multiple outlined in an August report from New York Attorney General Letitia James. According to the 165-page report, Cuomo sexually harassed multiple women, including current and former government workers, breaking state and federal laws and engaging in a pattern of unwanted touching and inappropriate comments.

The report led to Cuomo’s resignation later that month.

Judge Holly Trexler, Albany City Court: “Assistant District Attorney Ms. McCanney, what is the people’s position regarding defense counsel’s motion to dismiss?”

Jennifer McCanney, Assistant District Attorney: “I said we reviewed all the available evidence in this case and concluded that we cannot secure a conviction.”

Judge Holly Trexler, Albany City Court: “This court is acutely aware of the fact that the district attorney’s office has unfettered discretion to determine whether to prosecute a particular suspect or case. And that superior courts in the state of New York have long and consistently held that the courts may not and should not interfere with the discretion of a district attorney. As such, the court grants the joint application by the Albany County District Attorney and defense counsel brought pursuant to the Criminal Procedure Law 17030 Subdivision 1F, and the within complaint is hereby dismissed.”