ALBANY, N.Y. — Albany's top prosecutor says he is set to drop a criminal charge accusing former New York Gov. Andrew Cuomo of fondling an aide.
"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," Albany County DA David Soares said in a statement. "As such we have notified the Court that we are declining to prosecute this matter and requesting the charges filed by the Albany County Sheriff be dismissed."
Soares' decision Tuesday comes three days before the Democratic ex-governor was due to answer the misdemeanor charge in court.
The charges stemmed from a criminal complaint filed by the Albany County sheriff on Oct. 28 that accuses Cuomo of forcible touching. Soares had said previously that the complaint was "potentially defective."
Tuesday's announcement came after prosecutors elsewhere in the state late last month chose not to pursue charges against Cuomo over his behavior toward women.
Cuomo has denied the allegations.
Cuomo resigned as governor in August, weeks after a report from the state attorney general found several instances in which Cuomo touched women inappropriately or sexually harassed them. That report also claimed Cuomo fostered a hostile work environment for his staff.
Cuomo also faced allegations that he attempted to cover up a series of nursing home deaths as he touted his state's successes during the COVID-19 pandemic.