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Allegations against Cuomo by 2 women credible but not criminal, Westchester DA says

Gov. Andrew Cuomo prepares to board a helicopter

Gov. Andrew Cuomo prepares to board a helicopter after announcing his resignation on Aug. 10. Credit: AP/Seth Wenig

The Westchester County prosecutor said Tuesday that allegations of inappropriate behavior by former Gov. Andrew M. Cuomo were "credible" and "concerning," but did not rise to the level of crimes.

The decision marks the second time in less than a week that a county district attorney has said she wouldn’t prosecute the former governor for alleged sexual harassment.

Last Thursday, Nassau County acting District Attorney Joyce Smith, who had reviewed whether Cuomo inappropriately touched a female state trooper at a 2019 event at Belmont Park, called the allegations "credible" but not criminal.

Westchester District Attorney Mimi Rocah reached a similar conclusion following her investigation of two events: A claim by the same female trooper that Cuomo inappropriately kissed her on the cheek while she was working a security detail at his former Mount Kisco home, and another by a woman who alleged he grabbed her by the arm and kissed her cheek at a White Plains school event.

"Our investigation found credible evidence to conclude that the alleged conduct in both instances described above did occur," Rocah said in a statement.

"However, in both instances, my office has determined that, although the allegations and witnesses were credible, and the conduct concerning, we cannot pursue criminal charges due to the statutory requirements of the criminal laws of New York," she said.

Cuomo, 64, resigned in August, avoiding a likely impeachment trial after state Attorney General Letitia James’ office released a report earlier that month concluding that he had sexually harassed multiple women — including the trooper — and violated state and federal laws.

The former governor has continually denied any wrongdoing, saying he has never touched anyone inappropriately.

Law enforcement in several counties said they would investigate claims about alleged incidents in the James report that occurred in their jurisdiction. So far, Albany County Sheriff Craig A. Apple is the lone one to file a criminal complaint against Cuomo, although the local prosecutor hasn’t said yet he’d definitely take up the case.

Last week in Nassau, Smith said her office conducted an "exhaustive" investigation into the allegation that Cuomo touched the trooper in a way that made her feel "completely violated" as she held open the door for him at a New York Islanders event at Belmont. Smith said she "found the allegations credible, deeply troubling, but not criminal under New York law."

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