A forcible touching charge against former Gov. Andrew Cuomo was dismissed Friday afternoon by an Albany City Court judge after Albany County District Attorney David Soares said he could not successfully prosecute the case.

A criminal complaint filed in the fall accused him of reaching under the blouse of a woman on Dec. 7, 2020, while at the Executive Mansion in Albany. 

"While many have an opinion regarding the allegations against the former Governor, the Albany County DA's Office is the only one who has a burden to prove the elements of a crime beyond a reasonable doubt," Albany County District Attorney David Soares said Tuesday in a statement. "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. 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.

"I, like most New Yorkers, remain deeply troubled by allegations like the ones at issue here," he continued. "Such conduct has no place in government or in any workplace. Although avenues for criminal prosecution in these cases are sometimes limited, I encourage victims of workplace harassment and abuse to continue to come forward and bring these issues to light so that these important discussions can continue."

On Monday, the Manhattan district attorney's office also closed an investigation into Cuomo's handling of nursing homes during the COVID-19 pandemic.


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