WESTCHESTER, N.Y. — Former Gov. Andrew Cuomo will not face criminal charges in Westchester County regarding two separate allegations of sexual misconduct, District Attorney Miriam Rocah announced on Tuesday.
“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.”
One of the investigations was related to a New York State trooper who testified in the New York attorney general’s independent investigation that Cuomo sexually harassed her while she was on duty as part of his security detail at his home in Mount Kisco.
The trooper alleged Cuomo asked her for a kiss when she checked to see if he needed anything. She told investigators she agreed to the kiss out of fear of retaliation. Cuomo then allegedly kissed the trooper on the cheek and, according to the Westchester DA and New York AG report, “said something to the effect of, ‘oh, I’m not supposed to do that’ or ‘unless that’s against the rules.’”
Another woman alleged Cuomo had grabbed her by the arm and kissed her on the cheek without her permission during an event at White Plains High School.
“We continue to recognize the bravery of the women and witnesses who have cooperated with law enforcement and we remain committed to supporting them and all survivors,” Rocah concluded in her statement.
Last week, acting Nassau County District Attorney Joyce Smith made a similar announcement following an investigation into allegations that Cuomo inappropriately touched a state trooper during an event at Belmont Park racetrack on Long Island.
The trooper had testified in the attorney general’s investigation that she felt “completely violated” by Cuomo’s unwanted touching. However, Smith said that the investigation found the allegations “credible, deeply troubling, but not criminal under New York law.”
Smith and Rocah opened their investigations after details of the encounters appeared in Attorney General Letitia James’ August report on sexual harassment allegations against Cuomo. The report chronicled accusations from 11 women and led to Cuomo’s resignation from office, though he has attacked the findings as biased and inaccurate.