Three days before the Democratic ex-governor was due to answer the misdemeanor charge in court, Albany County District Attorney David Soares asked a judge to dismiss a criminal complaint that the county sheriff filed in October.
“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,” Soares said in a statement, adding that he was “deeply troubled” by the allegation.
Soares, a Democrat, didn’t detail why he felt it would be tough to win a conviction.
In a letter to the judge, he said “statutory elements of New York law make this case impossible to prove.” He added that multiple government inquiries into Cuomo’s conduct had created “technical and procedural hurdles” regarding prosecutors’ obligations to disclose evidence to the defense.
Soares said his office considered other potential criminal charges, but none fit the allegations.