Albany County DA won't prosecute Andrew Cuomo over alleged groping incident

• Former NY Gov. Andrew Cuomo will not be prosecuted over an alleged groping incident.
• Albany County DA David Soares said the accuser is "credible," but the burden of proof has not been met.

Former New York Gov. Andrew Cuomo will avoid prosecution over one of the most serious accusations that forced him out of office.

In a statement late Tuesday morning, Albany County District Attorney David Soares confirmed that his office will not pursue any legal action against Cuomo.

"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," the district attorney said in a statement. "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 made the announcement roughly 15 hours after the Albany Times-Union reported his office was expected to drop the case.

Soares joins the Manhattan and Westchester County district attorneys in foregoing charges against Cuomo, according to The New York Times.

Cuomo was due to appear in court this month, but the case hit a snag when Soares said Albany County Sheriff Craig Apple "unilaterally and inexplicably" filed a criminal complaint without a sworn statement from the accuser, former staffer Britanny Commisso.

Commisso is the sixth woman who accused Cuomo of sexual misconduct. She said that the governor inappropriately touched her when she was summoned to the executive mansion in 2020.

Along with 10 other women, Commisso's allegations were corroborated and found to be credible in a 165-page report by New York Attorney General Tish James.

Cuomo has continuously denied any wrongdoing, and resigned in August 2020.