Judge dismisses sole criminal charge against Andrew Cuomo
Associated PressALBANY, N.Y. — The only criminal charge filed over the sexual harassment allegations that drove former New York Gov. During the hearing, which lasted only a few minutes and would have been even shorter if not for audio glitches, Assistant District Attorney Jennifer McCanney told the judge prosecutors had reviewed the evidence “and concluded we cannot successfully secure a conviction in this case.” Judge Holly Trexler noted district attorneys’ “unfettered discretion” to decide whether to prosecute a case. Albany County District Attorney David Soares said this week that although the aide was credible, and some evidence supported her account, he believed he couldn’t win a conviction. In a letter to Trexler on Tuesday, Soares said “statutory elements of New York law make this case impossible to prove.” He added that government inquiries into Cuomo’s conduct had created “technical and procedural hurdles” regarding prosecutors’ obligations to disclose evidence to the defense. Soares, in a radio interview Friday, noted that the attorney general’s inquiry didn’t have the same legal requirements as a criminal case, and he said prosecutors can’t be swayed by public sentiment or “passions.” “It’s not for me to engage in any kind of debate with those who aren’t equipped with as much information or the obligations that I have.