Cuomo due in court virtually after DA drops fondling case

FILE - New York Gov. Andrew Cuomo prepares to board a helicopter after announcing his resignation, Aug. 10, 2021, in New York. Albany’s top prosecutor said Tuesday, Jan. 4, 2022, he is dropping a criminal charge accusing former New York Gov. Andrew Cuomo of fondling an aide. (AP Photo/Seth Wenig, File)

ALBANY, N.Y. (AP) — Andrew Cuomo will be required to appear virtually for a court session Friday as a judge considers a prosecutor’s request to dismiss a fondling case against the former New York governor.

Albany County District Attorney David Soares asked Judge Holly Trexler on Tuesday to dismiss the misdemeanor complaint, just three days before Cuomo’s scheduled arraignment. Trexler notified prosecution and defense lawyers Thursday that they will be required to appear virtually, along with Cuomo.

Soares said he would not be able to prove former Cuomo aide Brittany Commisso’s allegation that the then-governor groped her in the executive mansion.

In a letter to the judge, Soares said “statutory elements of New York law make this case impossible to prove.” He added that multiple government inquiries into Cuomo’s conduct had created “technical and procedural hurdles” regarding prosecutors’ obligations to disclose evidence to the defense.

Cuomo has denied the charge.

The Associated Press