Misdemeanor Forcible Touching Charges Filed Against Former Governor Andrew Cuomo

Gwynne Hogan

and

Jake Offenhartz

Published Oct 28, 2021

Modified Oct 28, 2021

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Cuomo gesturing while seated

Lev Radin/Pacific Press/Shutterstock

Gwynne Hogan

and

Jake Offenhartz

Published Oct 28, 2021

Modified Oct 28, 2021

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Former New York Governor Andrew Cuomo has been charged with forcible touching, a misdemeanor sex crime, a spokesperson for the state court confirmed on Thursday.

He is accused of groping a woman inside the Executive Mansion on Dec. 7, 2020, according to a complaint filed by the Albany County Sheriff's Office.

“Andrew M. Cuomo did intentionally, and for no legitimate purpose, forcibly place his hand under the blouse shirt of the victim and onto her intimate body part,” the complaint states. “Specifically, the victim's left breast for the purposes of degrading and gratifying his sexual desires.”

The Albany County Sheriff’s Office declined to provide a further comment on the complaint, including whether the former governor could face arrest in the coming days.

New York Focus first reported the criminal complaint had been filed. But confusion soon followed, when the Times Union reported that the sheriff's office had erroneously filed the criminal summons without consulting the accuser and her attorney. Sources later told the Times Union no decision had been by the Sheriff’s Office or the Albany District Attorney about whether bring formal charges against Cuomo.

The Albany District Attorney David Soares put out a statement saying he too was, "surprised to learn today that a criminal complaint was filed in Albany City Court by the Albany County Sheriff's Office against Andrew Cuomo," and declined to comment further.

Cuomo's personal attorney Rita Glavin, who is being paid for from his campaign coffers, seized on the confusion as evidence to exonerate her client.

"This is not professional law enforcement; this is politics," Glavin said.

Cuomo resigned in August following a report from State Attorney General Letitia James substantiating allegations of sexual harassment from nearly a dozen women. Among them was Brittany Commisso, an executive assistant who accused Cuomo of groping her in the Executive Mansion in the fall of 2020. She later made a formal criminal complaint against him with the Albany County Sheriff’s office.

"He came back to me and that's when he put his hand up my blouse and cupped my breast over my bra," she said in an interview with CBS This Morning. "I exactly remember looking down, seeing his hand, which is a large hand, thinking to myself, 'Oh, my God. This is happening.'"

Cuomo, who announced his resignation a day after the full interview aired, has denied that he sexually harassed Commisso or any other woman. He and his attorneys and surrogates have spent months attempting to discredit Cuomo's accusers and Attorney General James's report, calling it politically motivated.

James, who's expected to announce a formal bid for governor in short order, said the charge in Albany was vindicating.

“From the moment my office received the referral to investigate allegations that former Governor Andrew Cuomo sexually harassed multiple women, we proceeded without fear or favor," James said in a statement. "The criminal charges brought today against Mr. Cuomo for forcible touching further validate the findings in our report.”

About half of forcible touching charges filed in New York typically result in convictions. When convicted, people usually resolve the charges with conditional discharges rather than jail time, according to state data. Though forcible touching is a sex crime, Cuomo would only have to register as a sex offender if convicted on multiple counts.

This is a developing story. Check back for updates.

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