Former Gov. Andrew Cuomo was ordered Thursday to appear by video in an Albany courtroom where a judge will decide whether to dismiss the case in which he’s charged with groping an aide who later accused him of sexual harassment.
“The district attorney, the defendant and his attorney will appear virtually. The judge will be on the bench in the courtroom and the courtroom will be open,” said Lucian Chalfen, a spokesman for the New York Office of Court Administration.
The proceeding is scheduled for 1:30 p.m. Friday in Albany City Court before Judge Holly Trexler.
Cuomo’s spokesman declined to comment on the development, saying only, “We’re figuring it out.”
On Tuesday, Albany County District Attorney David Soares announced that he was dropping a misdemeanor charge of forcible touching against Cuomo, 64, for allegedly grabbing the left breast of aide Brittany Commisso, 33, on Dec. 7, 2020.
“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 said in a statement announcing his decision.
The incident allegedly took place in Albany’s Executive Mansion, the official residence of New York’s governor.
Albany County District Attorney David Soares requested that the charges against Andrew Cuomo be dismissed on January 4, 2022. Hans PenninkIn a motion to dismiss the case Thursday, defense lawyer Rita Glavin said that Cuomo “vehemently maintains his innocence.”
In related court papers, Glavin also attacked Albany County Sheriff Craig Apple for filing the complaint against Cuomo on Oct. 28 amid a pending probe by the DA’s Office, which she called “extraordinary,” “unusual” and “troubling.”
Apple didn’t immediately return a request for comment.
Commisso is among 11 women whose sexual harassment allegations against Cuomo were detailed in an August report by Attorney General Letitia James that forced him to resign under threat of impeachment a week later.
Brittany Commisso (left) said she would not be seeking to pursue the charges against Andrew Cuomo for inappropriately touching her.
On Tuesday, Commisso exclusively told The Post that Soares’ decision to drop the case against Cuomo would deter “women from coming forward” in similar cases.
“I don’t think that it’s teaching anyone anything,” she said.
“It’s not showing or proving a good message.”
Last month, district attorneys in both Nassau and Westchester counties declined to prosecute Cuomo over other allegations contained in James’ report, saying that although they found the accusers’ accounts “credible,” Cuomo’s conduct — which involved unwanted kissing and touching — wasn’t criminal under state law.
