According to the complaint, Cuomo “did intentionally, and for no legitimate purpose, forcibly place his hand under the blouse shirt of the victim” and onto her left breast “for the purposes of degrading and gratifying his sexual desires.”
The complaint was filed by Albany County Sheriff Craig Apple without coordinating with Soares, officials have said.
Cuomo has denied the allegations. He resigned in August in the face of a likely impeachment by the New York Assembly after a state investigation found that he sexually harassed 11 women and oversaw an unlawful attempt to exact retribution against one of his accusers.
In recent weeks, district attorneys in two other counties in New York state — Nassau and Westchester — have said they would not pursue criminal charges against Cuomo over behavior described in the report.
A spokesman for Cuomo did not immediately comment on Tuesday.
In a July deposition, Cuomo suggested that the behavior alleged in the Albany sheriff’s complaint was implausible.
“To touch a woman’s breasts, who I hardly know, in the mansion with 10 staff around, with my family in the mansion, to say, ‘I don’t care who sees us,” Cuomo said. “I would have to lose my mind to do such a thing.”
In his statement, Soares said he remains “deeply troubled by allegations like the ones at issue here.”
“Although avenues for criminal prosecution in these cases are sometimes limited, I encourage victims of workplace harassment and abuse to continue to come forward and bring these issues to light so that these important discussions can continue,” he said.
Soares also noted that a decision not to pursue criminal prosecution is unrelated to any claims of civil liability, which does not fall under his jurisdiction.
Brian Premo, an attorney for Commisso, told the Albany Times Union that his client intends to pursue a civil case against Cuomo “in due course.”
Cuomo’s arraignment in the groping case was postponed in November by an Albany judge after Soares accused the sheriff’s office of “unilaterally and inexplicably” filing a complaint without the consent of the alleged victim. In a letter to the judge, Soares said the complaint was “potentially defective,” citing possible procedural problems.
