Andrew Cuomo court date delayed after prosecutor warns of ‘defective’ sex crime complaint

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  • Andrew Cuomo’s indictment was postponed after the Albany County District Attorney told the court that the sex-crime complaint against the former New York governor was “potentially flawed.”
  • The district attorney, David Soares, told the judge in Albany City Court that the complaint was “unilaterally and inexplicably filed” by his office in the middle of an investigation, and did not include critical testimony from the alleged victim.

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The Albany County District Attorney told the court Friday that Andrew Cuomo’s arrest was postponed until January after the sex-crime complaint against the former New York governor was “potentially flawed.”

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The district attorney, David Soares, told the judge in Albany City Court that the complaint was “unilaterally and inexplicably filed” by his office in the middle of an investigation, and did not include critical testimony from the alleged victim.

The complaint was filed in late October, two months after Cuomo resigned as governor of New York, detailing multiple allegations of sexual assault on nearly a dozen women from the office of Attorney General Letitia James. James announced last week that she would run for governor in 2022.

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The complaint accuses Cuomo, 63, of forcible touching, a Class A misdemeanor. If convicted, Cuomo could face up to one year in prison or up to three years’ probation.

The former governor was to be presented in the afternoon on November 17. But after Soares asked for a 60-day adjournment to resolve a number of issues with the case, the initial court appearance was extended to January 7 — including whether Albany County Sheriff Craig Apple called for a DA investigation. In between “unilaterally and unnecessarily filed complaint in this Court”.

“Unfortunately the filing in this case is potentially flawed,” Soares wrote in a letter Thursday to Judge Holly Trexler.

Notably, “the police-officer-complainant failed to include an affidavit by the victim so that people could proceed with the prosecution on these papers,” Soares wrote.

“What was included with the complaint was a portion of a transcript of the victim’s statement given in a separate proceeding,” the DA explained, “but that portion did not include an oath, and even more disturbing , other parts of his testimony were excluded where he described the same acts described in the complaint.”

Part of the complaint “misleads the relevant law,” Soares wrote.

He asked Trexler for a delay given the complexity of the case, citing “hundreds of hours of videotaped testimony that should be reviewed and provided to Cuomo.”

The temporary adjournment, Soares wrote, “will reduce the risk of procedural dismissal of the case.”

Apple told reporters last week that they also planned to file a complaint at a later date, after they had a chance to speak with attorneys for Soares and Cuomo.

“We sandbaged ourselves,” Apple said. “Everything went very fast… We were looking forward to reviewing the documents. We weren’t expecting a five-minute turnaround.”

But Apple said that regardless of timing, “it’s a solid case.”

Soares communications director Cecilia Walsh confirmed that Trexler approved the postponement, but declined CNBC’s request for further comment. A lawyer for Cuomo did not immediately respond to a request for comment.

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