Albany City Circuit Court Judge Holly Trexler has dismissed the sole criminal charge levied against former New York Governor Andrew Cuomo.
“This court is acutely aware that 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 have long and consistently held that courts may not and should not interfere with the discretion of a district attorney,” Trexler said, according to CNN.
The charge was filed last year after a woman by the name of Brittany Commisso spoke to investigators about her interactions with the former governor. In late 2020, she alleges that he reached under her shirt and groped her. Over time, investigators spoke to 11 different women who alleged that Cuomo had been inappropriate with them. Months later, Cuomo stepped down as governor and the forcible touching charge was filed.
In late 2021, Albany District Attorney David Soares began to raise issues with the state’s case against Cuomo. He even went as far as to describe the complaint as “potentially defective.” Soares did not question the validity of Commisso’s claim, but rather he pointed out that the complaint misstated the relevant law and did not include a sworn statement from the alleged victim. As a result, he filed a letter saying that the case would be “impossible to prove beyond a reasonable doubt in criminal court.” Meanwhile, Cuomo has continued to deny all accusations of sexual misconduct levied against him.
The former New York Governor is not completely in the clear. In August 2021, the U.S. government opened a probe into Cuomo’s actions as governor. Not to mention, civil lawsuits may be filed at a later date.
