Claims of sexual misconduct against former New York Gov. Andrew Cuomo by his former aide, Brittany Commisso, were dropped on Wednesday, and the case was dismissed by a judge.

“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,” district attorney David Soares said as he announced that he would be declining to prosecute.

Commisso reported that Cuomo groped her while they were alone in the Executive Mansion office in late 2020. Other women have come out with allegations against Cuomo, but there has not been an account where harassment can be proven. One account is of an unwanted kiss on the cheek. Another come from a state trooper who alleged that Cuomo touched her stomach and hip. Although some accounts are concerning, none of them are offenses under New York State law, a Nassau district attorney said. Commisso’s case was the most serious charge against Cuomo, and now that it has been dropped, the others will follow.

She spoke out on Soares’ decision to drop her case saying that she thinks this will “deter women from coming forward.”

“I don’t think that it’s teaching anyone anything,” Commisso added. “It’s not showing or proving a good message.”

A civil case against Cuomo is still likely. Commisso has already voiced her intentions to follow through on civil action and district attorney Soares has said his decision not to prosecute in this case will not affect his decision for a civil suit.

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