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Andrew Cuomo has been ordered to appear in court virtually on Friday.
The hearing is tied to a misdemeanor complaint filed by former aide Brittany Commisso, where she alleges the former New York governor fondled her during his tenure in office. Cuomo has denied the charge.
Alongside Cuomo, prosecution and defense lawyers will also be required to meet virtually.
Commisso alleges Cuomo once reached up her blouse and fondled her breast while they were alone. She is one of 11 women who have accused him of sexual harassment, according to a report released in August 2021 by state Attorney General Letitia James.
However, the complaint could be dismissed by prosecutors. Albany County District Attorney David Soares filed a motion to dismiss the case because "statutory elements of New York law make this case impossible to prove."
"My disappointing experience of re-victimization with the failure to prosecute a serial sexual abuser, no matter what degree the crime committed, yet again sadly highlights the reason victims are afraid to come forward, especially against people in power," the former aide said in response to the motion's filing on Tuesday. "When will our voices uniformly be accepted? Where do we go to have our rights vindicated? Unfortunately, this is just another example of where our criminal justice system needs to do better."
In a letter to the judge, Soares said that multiple government inquiries into Cuomo's conduct had created "technical and procedural hurdles" regarding prosecutors' obligations to disclose evidence to the defense.
Cuomo announced his resignation a week after the report's release, though he attacked it as inaccurate and unfair.
Cuomo has denied the charge, telling state the attorney general's investigators "it would be an act of insanity" to do that.
Cuomo attorney Rita Glavin argued in a motion to dismiss the charge Thursday that since Soares declined to prosecute, "the Court should dismiss the case to avoid intruding upon the role of the prosecutor." She also criticized Albany County Sheriff Craig Apple for filing the misdemeanor forcible touching complaint against Cuomo in October without consulting with Soares or herself.
Soares, a fellow Democrat, similarly complained at the time that it was filed without his knowledge and was "potentially defective."
In her motion, Glavin said Soares' office had access to information favorable to Cuomo that Apple was not privy to and that James did not mention in her report. Glavin did not specify what that information was.
Apple has maintained the case was solid.
The Associated Press contributed to this report.
