ALBANY, N.Y. (NEWS10) — The Albany County District Attorney’s Office has released a statement saying it will not prosecute the misdemeanor criminal complaint against former Governor Andrew Cuomo. The forcible touching complaint was originally filed by the Albany County Sheriff’s Office in October 2021.

“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. 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.”

DA David Soares

The DA’s Office is asking that the charges filed against Cuomo by the Albany County Sheriff be dismissed.

“I, like most New Yorkers, remain deeply troubled by allegations like the ones at issue here. 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,” said Soares.

Brittany Commisso, a former staffer for Cuomo, worked with police to file the complaint with the Albany County Sheriff’s Office. Commisso’s lawyer, Brian Premo, responded to the DA’s Office not pursuing the case any further.

“I can confirm only that in this case my client had no control over the filing or prosecution of criminal charges. She had no authority or voice in those decisions. The only thing she has any power over is her resolution to continue to speak the truth and seek  justice in an appropriate civil action, which she will do in due course,” said Premo.

Cuomo is still scheduled to appear in Albany City Court on January 7. Charges against Cuomo were also dropped by the Westchester District Attorney’s Office at the end of December.

Cuomo’s attorney Rita Glavin and spokesperson Rich Azzopardi have not responded to NEWS10 ABC’s request for comment. You can take a look at the statement from the office of District Attorney Soares below: