Former New York Gov. Andrew Cuomo appears briefly virtually for a court session in Albany City Court before Judge Holly Trexler, as she considers a prosecutor's request to dismiss a fondling case against him Friday, Jan. 7, 2022, in Albany, N.Y. The judge has dismissed the only criminal charge filed against Cuomo in connection with the sexual harassment allegations that drove him from office. (AP Photo/Hans Pennink,Pool)
Holly Trexler
ALBANY, N.Y. (AP) – A judge on Friday dismissed the only criminal charge filed against former New York Gov. Andrew Cuomo in connection with the sexual harassment allegations that drove him from office.
The move had been expected after Albany County prosecutors said they couldn’t prove the case and wanted to drop it, and Cuomo’s lawyers asked the court to agree.
Cuomo, a Democrat who denied the allegation, didn’t speak during Friday’s short virtual hearing. Wearing a black mask, he was briefly visible on the videoconference as his lawyer Rita Glavin moved her camera to show him in the room.
“As the governor has said, this simply did not happen,” she said in a video statement after the hearing.
“Today, reason and the rule of law prevailed. Not politics, rhetoric or mob mentality,” Glavin added.
Assistant district attorney Jennifer McCanney told the court that prosecutors had “reviewed all of the available evidence and concluded we cannot successfully secure a conviction in this case.”
Judge Holly Trexler said she was “acutely aware” of district attorneys’ “unfettered discretion” to decide whether to prosecute a case.
“A court may not and should not interfere with the discretion of a district attorney,” she said.
The dismissal of the charge, which accused Cuomo of groping an aide in the executive mansion in 2020, removes what had been seen as the most serious legal threat to the former governor. He said he never touched anyone inappropriately.
He could still face lawsuits over his conduct if his accusers choose to take him to court. Some, including Commisso, have indicated they plan to do so.
