Former New York Gov. Andrew Cuomo accused of forcible touching in criminal complaint

WE HAVE SOME BREAKING NE. A CRIMINAL COMPLAINT HAS BEEN FILED...AGAINST former NEW YORK GOVERNOR, ANDREW CMO. UO THAT COMPLAINT -- ACCUSING THE FORMER GOVERNOR OF FORCIBLE TOUCHING -- A MISDEMEANOR SEX CRIM E. CUOMO IS ACCUSED OF PUTTING HIS HAND UNDER A WOMAN'S SHIRT IN DECEMBER OF 20-20. THE DOCUMENT DIDN'T NAME THE WOMAN. .. BUT OMO CUHAD BEEN PUBLICLY ACCUSED OF GROPING one of his former aids... AT THEXECU EVE MANSION IN ALBANY LAST YEAR. THERE WERE REPTSOR THAT THIS COMPLAINT 谩MAY HAVE BEEN SUBMITTED IN ERROR. ATTORNEY GENERAL, LETITIA JAMES -- ISSUING A STATEMENT TONIGHT. SHE SAYS IN PART. .. "The criminal charges brought today ag

A criminal complaint filed by a police investigator with a court in Albany has accused former New York Gov. Andrew Cuomo of committing a misdemeanor sex crime, though there were reports Friday that the document might have been submitted in error.The one-page complaint, filed by an investigator with the Albany County Sheriff's Office, accused Cuomo of putting his hand under a woman's shirt on Dec. 7, 2020. The document didn't name the woman but Cuomo had been publicly accused of groping an aide, Brittany Commisso, at the executive mansion in Albany last year.The office of the county's district attorney, David Soares, which would handle any prosecution and was involved in the investigation, issued a statement saying it had been caught off guard by the filing."Like the rest of the public, we were surprised to learn today that a criminal complaint was filed in Albany City Court by the Albany County Sheriff鈥檚 Office against Andrew Cuomo,鈥� it said. 鈥淭he Office of Court Administration has since made that filing public. Our office will not be commenting further on this case.鈥漈he Times Union, of Albany, quoted unnamed officials as saying the complaint had been issued 鈥減rematurely" before a final decision had been made about whether Cuomo would face charges.The office of Albany County Sheriff Craig Apple didn't directly address that report, but confirmed in a statement that a criminal summons had been issued ordering Cuomo to appear in Albany City Court at 2:30 p.m. on Nov. 17.The statement suggested it was court officials, not prosecutors or a law enforcement agency, that made the decision to issue the summons. It said sheriff's investigators had determined there was 鈥減robable cause鈥� to present evidence to the court 鈥渇or their review to determine the most appropriate legal pathway moving forward on the investigation."Cuomo's lawyer, Rita Glavin, said in a statement that the Democrat never assaulted anyone, 鈥渁nd Sheriff Apple鈥檚 motives here are patently improper.鈥濃€淪heriff Apple didn鈥檛 even tell the District Attorney what he was doing. But Apple鈥檚 behavior is no surprise given (1) his August 7 press conference where he essentially pronounced the Governor guilty before doing an investigation, and (2) his Office鈥檚 leaking of grand jury information. This is not professional law enforcement; this is politics.鈥漈he crime of forcible touching is punishable in New York by up to year in jail and up to three years probation, with discretion for the court to impose lesser penalties including no jail time.Commisso, an executive assistant for Cuomo, says he groped her when they were alone in an office at the governor鈥檚 mansion in Albany.She said Cuomo pulled her in for a hug as she prepared to leave. When she told him, 鈥測ou鈥檙e going to get us in trouble,鈥� Cuomo replied, 鈥淚 don鈥檛 care,鈥� and slammed the door, according to her account. Commisso said Cuomo slid his hand up her blouse and grabbed her breast.Cuomo has adamantly denied groping her, saying once, 鈥淚 would have to lose my mind to do such a thing.鈥滳ommisso's lawyer, Brian Premo, said in a statement to the Times Union that she hadn't been consulted about the criminal complaint.鈥淚t was my client鈥檚 understanding that the district attorney鈥檚 office was in agreement with the sheriff鈥檚 department that it was going to conduct a thorough, impartial and apolitical evaluation of the case, and only after completion of the investigation, speak to my client to allow her to make an informed decision as to whether she would proceed as a victim in the case,鈥� Premo said. 鈥淟ike the district attorney鈥檚 office, she was informed about this recent filing through media.鈥漈he Associated Press doesn鈥檛 identify alleged sexual assault victims unless they decide to tell their stories publicly, as Commisso has done in interviews.Commisso filed a complaint with the sheriff in August in the same week a report from state Attorney General Letitia James concluded Cuomo sexually harassed 11 women. Other accusations outlined in the report range from planting unwanted kisses to asking unwelcome personal questions about sex and dating.Cuomo announced his resignation a week after the release of the report, marking a dramatic downfall for the third-term governor who had been seen as a beacon of sturdy competence during his daily COVID-19 briefings in 2020. He attacked the attorney general's report as inaccurate and biased.James, whose office is not involved in the criminal investigation, issued a statement saying her civil probe had been conducted 鈥渨ithout fear or favor.鈥濃€淭he criminal charges brought today against Mr. Cuomo for forcible touching further validate the findings in our report,鈥� she said.James is said to be close to announcing a run for governor, multiple people with knowledge of her plans have told The Associated Press.Cuomo attorney Rita Glavin has said that Commisso's 鈥渟tory changed over time鈥� and claimed records showed the two were unlikely to have spent time alone during the period in question.The complaint filed by the sheriff's department investigator said evidence in the case included police BlackBerry messages, cellphone records, building security records, Cuomo's flight records and a text message from his mobile phone. The complaint was signed by the officer Monday and stamped by the court as received Thursday.Cuomo鈥檚 attorney, Glavin, has claimed records show the two were unlikely to have spent time alone during the period in question. Cuomo's spokesman, Rich Azzopardi, ridiculed Thursday's turn of events."'Accidentally' filing a criminal charge without notification and consent of the prosecuting body doesn鈥檛 pass the laugh test and this process reeks of Albany politics and perhaps worse. The fact that the AG 鈥� as predicted 鈥� is about to announce a run for governor is lost on no one. The truth about what happened with this cowboy sheriff will come out,鈥� he said.District attorneys in Oswego, Manhattan, suburban Westchester and Nassau counties also had said they asked for investigative materials from the attorney general鈥檚 inquiry to see if any of the allegations could result in criminal charges.The Assembly Judiciary Committee is completing a wide-ranging impeachment investigation of Cuomo that began before he resigned. The also were looking at the administration鈥檚 handling of COVID-19 data and efforts to rush COVID-19 testing for Cuomo鈥檚 inner circle in spring 2020.

ALBANY, N.Y. —

The one-page complaint, filed by an investigator with the Albany County Sheriff's Office, accused Cuomo of putting his hand under a woman's shirt on Dec. 7, 2020. The document didn't name the woman but Cuomo had been publicly accused of groping an aide, Brittany Commisso, at the executive mansion in Albany last year.

The office of the county's district attorney, David Soares, which would handle any prosecution and was involved in the investigation, issued a statement saying it had been caught off guard by the filing.

"Like the rest of the public, we were surprised to learn today that a criminal complaint was filed in Albany City Court by the Albany County Sheriff鈥檚 Office against Andrew Cuomo,鈥� it said. 鈥淭he Office of Court Administration has since made that filing public. Our office will not be commenting further on this case.鈥�

The Times Union, of Albany, quoted unnamed officials as saying before a final decision had been made about whether Cuomo would face charges.

The office of Albany County Sheriff Craig Apple didn't directly address that report, but confirmed in a statement that a criminal summons had been issued ordering Cuomo to appear in Albany City Court at 2:30 p.m. on Nov. 17.

The statement suggested it was court officials, not prosecutors or a law enforcement agency, that made the decision to issue the summons. It said sheriff's investigators had determined there was 鈥減robable cause鈥� to present evidence to the court 鈥渇or their review to determine the most appropriate legal pathway moving forward on the investigation."

Cuomo's lawyer, Rita Glavin, said in a statement that the Democrat never assaulted anyone, 鈥渁nd Sheriff Apple鈥檚 motives here are patently improper.鈥�

鈥淪heriff Apple didn鈥檛 even tell the District Attorney what he was doing. But Apple鈥檚 behavior is no surprise given (1) his August 7 press conference where he essentially pronounced the Governor guilty before doing an investigation, and (2) his Office鈥檚 leaking of grand jury information. This is not professional law enforcement; this is politics.鈥�

The crime of forcible touching is punishable in New York by up to year in jail and up to three years probation, with discretion for the court to impose lesser penalties including no jail time.

Commisso, an executive assistant for Cuomo, says he groped her when they were alone in an office at the governor鈥檚 mansion in Albany.

She said Cuomo pulled her in for a hug as she prepared to leave. When she told him, 鈥測ou鈥檙e going to get us in trouble,鈥� Cuomo replied, 鈥淚 don鈥檛 care,鈥� and slammed the door, according to her account. Commisso said Cuomo slid his hand up her blouse and grabbed her breast.

Cuomo has adamantly denied groping her, saying once, 鈥淚 would have to lose my mind to do such a thing.鈥�

Commisso's lawyer, Brian Premo, said in a statement to the Times Union that she hadn't been consulted about the criminal complaint.

鈥淚t was my client鈥檚 understanding that the district attorney鈥檚 office was in agreement with the sheriff鈥檚 department that it was going to conduct a thorough, impartial and apolitical evaluation of the case, and only after completion of the investigation, speak to my client to allow her to make an informed decision as to whether she would proceed as a victim in the case,鈥� Premo said. 鈥淟ike the district attorney鈥檚 office, she was informed about this recent filing through media.鈥�

The Associated Press doesn鈥檛 identify alleged sexual assault victims unless they decide to tell their stories publicly, as Commisso has done in interviews.

Commisso filed a complaint with the sheriff in August in the same week a report from state Attorney General Letitia James concluded Cuomo sexually harassed 11 women. Other accusations outlined in the report range from planting unwanted kisses to asking unwelcome personal questions about sex and dating.

Cuomo announced his resignation a week after the release of the report, marking a dramatic downfall for the third-term governor who had been seen as a beacon of sturdy competence during his daily COVID-19 briefings in 2020. He attacked the attorney general's report as inaccurate and biased.

James, whose office is not involved in the criminal investigation, issued a statement saying her civil probe had been conducted 鈥渨ithout fear or favor.鈥�

鈥淭he criminal charges brought today against Mr. Cuomo for forcible touching further validate the findings in our report,鈥� she said.

James is said to be close to announcing a run for governor, multiple people with knowledge of her plans have told The Associated Press.

Cuomo attorney Rita Glavin has said that Commisso's 鈥渟tory changed over time鈥� and claimed records showed the two were unlikely to have spent time alone during the period in question.

The complaint filed by the sheriff's department investigator said evidence in the case included police BlackBerry messages, cellphone records, building security records, Cuomo's flight records and a text message from his mobile phone. The complaint was signed by the officer Monday and stamped by the court as received Thursday.

Cuomo鈥檚 attorney, Glavin, has claimed records show the two were unlikely to have spent time alone during the period in question. Cuomo's spokesman, Rich Azzopardi, ridiculed Thursday's turn of events.

"'Accidentally' filing a criminal charge without notification and consent of the prosecuting body doesn鈥檛 pass the laugh test and this process reeks of Albany politics and perhaps worse. The fact that the AG 鈥� as predicted 鈥� is about to announce a run for governor is lost on no one. The truth about what happened with this cowboy sheriff will come out,鈥� he said.

District attorneys in Oswego, Manhattan, suburban Westchester and Nassau counties also had said they asked for investigative materials from the attorney general鈥檚 inquiry to see if any of the allegations could result in criminal charges.

The Assembly Judiciary Committee is completing a wide-ranging impeachment investigation of Cuomo that began before he resigned. The also were looking at the administration鈥檚 handling of COVID-19 data and efforts to rush COVID-19 testing for Cuomo鈥檚 inner circle in spring 2020.

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