Cuomo criminal complaint ‘potentially defective,’ DA says

Albany County District Legal professional David Soares wrote that the misdemeanor complaint had been “inexplicably filed” and was at “threat of a procedural dismissal.” (Mike Groll/AP Photograph)

ALBANY —  A decide has delayed Gov. Andrew Cuomo’s arraignment on intercourse crime expenses following a request from Albany County District Legal professional David Soares.

Soares wrote Choose Holly Trexler on Thursday that the “inexplicably filed” criminal cost was “probably faulty” and at “threat of a procedural dismissal.”

A misdemeanor complaint of forcible touching was filed towards Cuomo final week over allegations that he groped former staffer Brittany Commisso on the Government Mansion in 2020.

The complaint got here from an investigation carried out by Albany County Sheriff Craig Apple, whose probe relied partly on related investigations carried out by the state Meeting and Legal professional Common Tish James. Apple has stated he was “sandbagged” by the complaint being processed way more shortly than regular. However he promised it was nonetheless “a strong case.”

Soares, who had been conducting his personal investigation, disagreed.

“Sadly the filings on this matter are probably faulty in that the police-officer-complainant failed to incorporate a sworn assertion by the sufferer such that the Folks may proceed with a prosecution on these papers,” he wrote to Trexler. “What was included with the complaint was a portion of a transcript of the sufferer’s assertion given in a separate continuing, however that portion excluded an oath, and, much more troubling, excluded different parts of her testimony the place she described the exact same acts described within the complaint.”

These excluded elements of the testimony, Soares added in a footnote, are of an “exculpatory nature” and have been shared with Cuomo’s legal professional.

He additionally stated that “the complaint misstates the related legislation.”

The district legal professional requested for the arraignment, which was as a consequence of happen on Nov. 17, to be delayed as his workplace continues to type by way of proof. Trexler has agreed, and Cuomo’s courtroom date is now as a consequence of happen in January.

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