Prosecutor drops groping charge against former Gov. Andrew Cuomo

NEW YORK - Former Gov. Andrew Cuomo will no longer be facing criminal charges for an alleged groping incident, according to Albany County District Attorney David Soares.

Charges were first filed against the former governor after his assistant, Brittany Commisso, testified that Cuomo summoned her to his residence on Dec. 7, 2020, asking for Commisso's help with technical issues. She then alleges that Cuomo reached under her blouse and groped her breast.

Soares announced that his office is declining to prosecute the case and is asking that charges be dismissed. In a statement, Soares said that while he found Commisso credible, he believes there is not enough evidence to go to trial.

"Although avenues for criminal prosecution in these cases are sometimes limited, I encourage victims of workplace harassment and abuse to continue to come forward and bring these issues to light," Soares said.

These charges were filed by the Albany County Sheriff's Office, a rare move, according to Soares, who said he was caught off guard when the charges were filed without his knowledge.

But the sheriff, at the time, called the case "very solid" and said THE evidence included key card swipes, state police BlackBerry pins, text messages, and more.

However, this series of missteps in the way the case was handled, led Rita Glavin, Cuomo's lawyer, to call the case politically motivated.

Cuomo has repeatedly denied any wrongdoing and accused these investigations of being biased and inaccurate. His adviser did not immediately respond to a request for comment.

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In a statement, Commisso's attorney said that Commisso "had no control over the filing or prosecution of criminal charges… The only thing she has any power over is her resolution to continue to speak the truth and seek justice in an appropriate civil action, which she will do in due course."

Commisso is one of 11 women who were named in Attorney General Letitia James' report who accused Cuomo of sexual misconduct. This report was released following a five-month investigation by James' office after the first few women came forward to accuse the former governor of sexual harassment.

Commisso's is now the latest to be dropped by district attorneys across the state.

Acting Nassau County District Attorney Joyce Smith was investigating alleged misconduct that occurred within her jurisdiction but released a statement two weeks ago saying that her office would not pursue criminal charges against Cuomo.

Around five days later, Westchester County District Attorney Miriam Rocah followed suit. Rocah said that her office conducted a "thorough" investigation into the allegations reported by two women against the former governor that occurred in Westchester County. While investigators found these accusations to be credible, Rocah said in a statement that her office wouldn't pursue criminal charges "due to the statutory requirements of the criminal laws of New York." 

Then on Monday, new Manhattan District Attorney Alvin Bragg announced that his predecessor Cy Vance had dropped his investigation into Cuomo's handling of nursing homes during the pandemic.

"That decision predated me," Bragg said on Good Day New York. "I didn't have input into that decision. You would have to ask my predecessor."

The United States Attorney's Office for the Eastern District and the state Attorney General's Office are still investigating, however, the Cuomo administration's involvement with certain nursing home policies.