Groping charge is dropped

N.Y. — Former New York Gov. Andrew Cuomo won’t face criminal prosecution over an allegation that he fondled an aide, after a prosecutor said Tuesday he was dropping the case because he couldn’t prove it.

Three days before the Democratic ex-governor was due to answer the misdemeanor charge in court, Albany County District Attorney David Soares said he was asking that a criminal complaint that the county sheriff filed in October be dismissed.

“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,” Soares said in a statement, adding that he was “deeply troubled” by the allegation.

Soares, a Democrat, had previously suggested that the forcible touching complaint was problematic.

“While many have an opinion regarding the allegations against the former governor, the Albany County D.A.’s Office is the only one who has a burden to prove the elements of a crime beyond a reasonable doubt,“Soares said Monday.

Cuomo, who has vehemently denied the allegation, had no immeALBANY, diate comment on the development.

The complaint did not name the woman, but she has identified herself as Brittany Commisso. She was one of Cuomo’s executive assistants before he resigned amid sexual misconduct allegations in August.

Commisso says Cuomo slid his hand up her blouse and grabbed her breast when they were alone in an office at the governor’s mansion in Albany in late 2020.

Cuomo told investigators that he would “have to lose my mind” to do such a thing.