The Sole Criminal Charge Against Former Governor Andrew Cuomo Dismissed By A Judge

On Friday, an Albany City Court judge dismissed a forcible touching complaint filed against former New York Gov. Andrew Cuomo.

Cuomo made a brief appearance virtually in court in his first public appearance since he stepped down as governor.

Albany City Court Judge Holly Trexler presided over the hearing, which lasted less than 10 minutes. Assistant District Attorney Jennifer McCanney said she would not oppose Cuomo’s lawyer’s motion to dismiss the complaint.

“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.

Brittany Commisso is the woman behind the company and was one of 11 accusers who spoke with investigators that were hired by the New York Attorney General Letitia James’ office to look into the allegations of sexual misconduct by the former governor.

Following the hearing, Cuomo’s attorney Rita Glavin said, “Today, reason and the rule of law prevailed. Not politics, rhetoric, or mob mentality.”

In October, Albany County Sheriff Craig Apple’s office filed the misdemeanor charge, accusing the former governor of reaching under the shirt of and groping a woman who worked as his executive assistant.

But in November, Albany District Attorney David Soares said there were issues with the case, calling the complaint that was filed “potentially defective.”

Cuomo has consistently denied the allegations against him.

On Tuesday, Soares filed a letter saying his office would not move toward with the case, adding it was “impossible to prove beyond a reasonable doubt in criminal court” despite finding Commisso “credible.”

Both the Westchester and Nassau County district attorneys also concluded their investigations against Cuomo without charging him, with both offices saying the allegations against him are “credible” but not able to be charged under New York law, CNN reported.