A prosecutor investigating accusations that former New York governor Andrew Cuomo groped a woman asked a judge for more time to evaluate the evidence, saying the criminal complaint filed last week by the local sheriff was "potentially defective," according to a letter released Friday.
The request from Albany County District Attorney David Soares throws the high-profile case into further turmoil a week after Cuomo was charged with committing a misdemeanour sex crime. The one-page complaint filed in Albany City Court by a sheriff's office investigator accuses Cuomo of forcible touching by putting his hand under a woman's shirt on Dec. 7.
Soares, who has said he was caught off guard by the filing, said in a letter to Judge Holly Trexler on Thursday that his office had been investigating the matter for several months.
"We were in the middle of that investigation when the Sheriff unilaterally and inexplicably filed a complaint in this court," Soares wrote in the letter. "Unfortunately, the filings in this matter are potentially defective in that the police-officer-complainant failed to include a sworn statement by the victim such that the People could proceed with a prosecution on these papers."
The district attorney said the sheriff's complaint, as filed, only included part of the woman's testimony, but left other parts out, including sections that could possibly be "exculpatory," meaning potentially helpful to Cuomo's defense.
Soares said that his office still had hundreds of hours of videotaped testimony to review and that it anticipates receiving more material with deadlines for a speedy trial approaching.
Cuomo had been summoned to appear for an arraignment Nov. 17. Soares asked for that to be put off for 60 days. Cuomo's attorneys joined in the request.
"The purpose of this adjournment is to give my office time to continue with our independent and unbiased review of the facts of this case," Soares wrote.
The court granted a delay until Jan. 7, 2022, a spokesperson for Soares said in an email.
A call was made to Albany County Sheriff Craig Apple seeking comment. The sheriff acknowledged last week that the court paperwork had been processed more quickly than he intended, before he'd gotten a chance to consult with the district attorney. But he said he was confident in the strength of the case.
There was no immediate comment from Cuomo's spokesperson.
The complaint did not name the woman, but she has identified herself as Brittany Commisso, who worked as one of Cuomo's executive assistants before he resigned amid sexual harassment allegations in August.
Forcible touching is a misdemeanour in New York, punishable by up to a year in jail, though many cases for first-time offenders are resolved with probation or a shorter jail sentence.
Cuomo has repeatedly denied touching anyone inappropriately.
He resigned from office in August after an investigative report, overseen by New York Attorney General Letitia James, concluded that Cuomo has sexually harassed 11 women.
Both Cuomo and Commisso gave lengthy interviews to James' investigators. Soares has said that much of that material was turned over to his office but that it was voluminous and would take time to evaluate.
Amid new polling indicating most Canadians support boosting Old Age Security benefits by 10 per cent for seniors aged 65 to 74, a former Liberal finance minister and former Bank of Canada governor are warning the government not to pursue the policy change.
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CTV's film critic Richard Crouse says 'Joker: Foli a Deux' is a study in fantasy, the ordinariness of evil, and obsession.
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Melania Trump revealed her support for abortion rights Thursday ahead of the release of her upcoming memoir, exposing a stark contrast with her husband, Republican presidential nominee Donald Trump, on the crucial election issue.
Canadians who are eligible for a GST/HST tax credit can expect their final payment of the year on Friday.
Most Canadians would prefer that e-scooters and e-bikes require a permit to operate, according to a new Nanos Research survey conducted for Â鶹´«Ã½.
Magna International Inc. says it is conducting a “targeted review†of its records as its founder, Frank Stronach, is facing additional sexual assault charges.
Former fashion mogul Peter Nygard has requested bail as he appeals his sexual assault convictions in Toronto and the prison sentence he received last month.
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The River East Transcona School Division has filed a lawsuit against the City of Winnipeg regarding a fire at one of its schools in March 2022.
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North Korean leader Kim Jong Un threatened to use nuclear weapons and destroy South Korea permanently if provoked, state media reported Friday, after the South’s leader warned that Kim’s regime would collapse if he attempts to use nuclear arms.
More than 180 people were evacuated Thursday from a Ryanair Boeing passenger jet after it caught fire while taxiing to take off at Brindisi Airport in southern Italy.
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Three former Memphis police officers were convicted Thursday in the 2023 fatal beating of Tyre Nichols, but were acquitted of the harshest charges they faced for a death that sparked national protests and calls for broad changes in policing.
Defence Minister Bill Blair says Israel has the right to defend itself in 'a calibrated and proportional way' following Iran’s ballistic missile attack against Israel on Tuesday.
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What does New Westminster's təməsew̓txʷ Aquatic and Community Centre have in common with a historic 68,000-seat stadium in Beijing, an NFL stadium and the aquatics venue for the Paris Olympics? They've all been named among the world's most beautiful sports venues for 2024.
The last living member of the legendary Vancouver Asahi baseball team, Kaye Kaminishi, died on Saturday, Sept. 28, surrounded by family. He was 102 years old.
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An Ontario child has died after coming in contact with a rabid bat, a health official confirmed on Wednesday.
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The 36th annual Thanksgiving Food Drive kicked off Thursday with the goal of helping young families and children that face food insecurity issues in our community.
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The rabies-related death of a Brantford-area child is highlighting concerns Windsor-Essex health officials flagged following a rise in bat bites.
The Downtown Mission is looking to raise $50,000 during its annual 24-hour “Bench Talk†fundraiser, happening now outside its Ouellette Avenue location.
One person is dead after a floatplane carrying three people crashed Wednesday evening in a remote inlet on British Columbia's central coast.
A new Leger poll suggests the BC Conservatives are now in pole position.
Driving down the cost of car insurance is a priority, says BC Conservative Leader John Rustad, who is pledging to eliminate ICBC's monopoly.
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A father in Kelowna is furious after his 13-year-old daughter was brutally beaten on Gyro Beach. He is calling for criminal charges in the devastating attack, which was caught on video by multiple bystanders.
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WestJet has changed its operations at the Lethbridge Airport, and it means there's now only a single daily flight from Lethbridge to Calgary, down from three flights a day, as offered previously.
Archie's Exotic Pet Rescue has been open about six years and, like many other animal rescues, it has seen a surge in surrenders.
It’s almost deadline day for Lethbridge residents interested in becoming members of one of the city’s boards, commissions and committees (BCCs).
A man charged with first-degree murder in Sault Ste. Marie, Ont., doesn't have to sit in the prisoner's box when his trial begins next month, a judge with the Superior Court of Justice has ruled.
After receiving complaints about off-road vehicles, police in Greater Sudbury laid more than a dozen charges in a recent safety blitz.
Aiming to bolster public trust and accountability – and help with investigations -- police in Sault Ste. Marie have equipped their vehicles with cameras.
He may not have logged the fastest time or even gone the full distance, but residents of a Newfoundland town agree the goat who unexpectedly joined the local weekend half marathon was the event's undisputed champion.
A mother in a community where the cost of living is one of the highest in the country says grocery prices are 'inhumane' and retailers are putting profits ahead of people’s basic human right to food.
A soccer game in England on Tuesday night drove a spike in online traffic across the Atlantic to a website launched by the Newfoundland and Labrador government.
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