The District Attorney said he did not have enough evidence to meet the burden of proof for the former governor’s charge of forcibly touching her.
Albany County District Attorney P. David Soares asked for the charges to be dropped in a letter to the court on Tuesday, and a prosecutor said Friday that he did not oppose Mr. Cuomo’s motion to dismiss and seal the case.
Ms Comiso did not return a message seeking comment.
Albany City Court Judge Holly Trexler approved the motion during the eight-minute proceedings. “Courts should not and should not interfere with the discretion of the District Attorney,” she said.
Democrat Mr Soares said during a radio interview on Friday that his office concluded it could not meet the burden of proof needed for the allegation, even though it found Mrs Comiso credible.
“You can be critical and have an opinion about the decisions I make, but you should fear a prosecutor who is basing his decisions not on the rule of law but on satisfying those passions,” Mr Soares said on public radio station WAMC, referring to public criticism of his decision.
Mr Cuomo, 64, did not speak during the virtual proceedings and appeared only briefly on camera wearing a lavender tie and white shirt. Judge Trexler dismissed the impeachment personally, citing the recent rise in COVID-19 cases.
Mr Cuomo resigned in August because of an impeachment inquiry and after a report by Attorney General Letitia James concluded that Mr Cuomo sexually assaulted several women, including Mrs Comiso. Mr Cuomo has said he did not touch anyone inappropriately, and said Ms James’ investigation was politically motivated—something she denies.
Write Jimmy Vielkind at [email protected]