AP

Cuomo due in court virtually after DA drops fondling case

Jan 6, 2022, 8:59 AM | Updated: 4:30 pm

ALBANY, N.Y. (AP) — Andrew Cuomo will be required to appear virtually for a court session Friday as a judge considers a prosecutor’s request to dismiss a fondling case against the former New York governor.

Albany County District Attorney David Soares asked Judge Holly Trexler on Tuesday to dismiss the misdemeanor complaint, just three days before Cuomo’s scheduled arraignment. A defense lawyer then made a separate motion to dismiss. Trexler notified prosecution and defense lawyers Thursday that they will be required to appear virtually, along with Cuomo.

Soares said he would not be able to prove former Cuomo aide Brittany Commisso’s allegation that the then-governor groped her in the executive mansion in late 2020.

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

Commisso said Cuomo reached up her blouse and grabbed her breast while they were alone in his Executive Mansion office.

Her testimony was included in a report, released in August by Democratic state Attorney General Letitia James, that concluded Cuomo sexually harassed 11 women. Cuomo announced his resignation a week after the report’s release, though he attacked it as inaccurate and unfair.

Cuomo has denied the charge, telling state the attorney general’s investigators “it would be an act of insanity” to do that.

Cuomo attorney Rita Glavin argued in a motion to dismiss the charge Thursday that since Soares declined to prosecute, “the Court should dismiss the case to avoid intruding upon the role of the prosecutor.” She also criticized Albany County Sheriff Craig Apple for filing the misdemeanor forcible touching complaint against Cuomo in October without consulting with Soares or herself.

Soares, a fellow Democrat, similarly complained at the time that it was filed without his knowledge and was “potentially defective.”

In her motion, Glavin said Soares’ office had access to information favorable to Cuomo that Apple was not privy to and that James did not mention in her report. Glavin did not specify what that information was.

Apple has maintained the case was solid.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

FILE - Members of the Henderson Fire Department load Deb Billet, 66, into an ambulance before trans...

Associated Press

Things to know about heat deaths as a dangerously hot summer shapes up in the western US

A dangerously hot summer is shaping up in the U.S. West, with heat suspected in dozens of recent deaths.

2 days ago

FILE - Dr. Ruth Westheimer participates in the "Ask Dr. Ruth" panel during the Hulu presentation at...

Associated Press

Dr. Ruth Westheimer, the sex therapist who became a pop icon, has died

Dr. Ruth Westheimer, the sex therapist who became a pop icon, media star and best-selling author, has died.

2 days ago

Biden proposes rule to protect 36 million workers from extreme heat...

Associated Press

Biden proposes new rule to protect 36 million workers from extreme heat

President Joe Biden on Tuesday proposed a new rule to address excessive heat in the workplace, warning — as tens of millions of people in the U.S. are under heat advisories — that high temperatures are the country's leading weather-related killer.

13 days ago

FILE - Rori Chang, of Glendale, Ariz., walks with her dog Ava as they leave the Maricopa Country An...

Associated Press

Here are ways that can help ease dogs’ July Fourth dread

Those with furry, four-legged family members will be searching for solutions to the Fourth of July anxiety that fireworks bring.

14 days ago

Fossilized crocodilian excrement is displayed at the "Poozeum", Friday, June 7, 2024, in Williams, ...

Associated Press

Museum in northern Arizona tells stories of ancient animals through their fossilized poop

The Poozeum opened in May in Williams, a northern Arizona town known for its Wild West shows along Route 66.

14 days ago

walgreens-closures...

Associated Press

Walgreens to take a hard look at underperforming stores, could shutter hundreds more

Walgreens is finalizing a plan to fix its business that could result in the closure of hundreds of additional stores in the next three years.

18 days ago

Sponsored Articles

...

Day & Night Air Conditioning, Heating and Plumbing

Beat the heat, ensure your AC unit is summer-ready

With temperatures starting to rise across the Valley, now is a great time to be sure your AC unit is ready to withstand the sweltering summer heat.

...

Condor Airlines

Condor Airlines can get you smoothly from Phoenix to Frankfurt on new A330-900neo airplane

Adventure Awaits! And there's no better way to experience the vacation of your dreams than traveling with Condor Airlines.

...

DISC Desert Institute for Spine Care

Sciatica pain is treatable but surgery may be required

Sciatica pain is one of the most common ailments a person can face, and if not taken seriously, it could become one of the most harmful.

Cuomo due in court virtually after DA drops fondling case