Former Gov. Andrew Cuomo's court appearance over sexual assault charges will be delayed after Albany's district attorney slammed the sheriff's procedure as "potentially defective."

David Soares, Albany's district attorney, criticized Sheriff Craig Apple for "uniformly and inexplicably" filing the complaint last week without the consent of the alleged victim or informing Soares's office. The former governor will now be arraigned on Jan. 7, roughly a month and a half after his originally scheduled court date of Nov. 17.

"We were in the middle of [our] investigation when the Sheriff unilaterally and inexplicably filed a complaint in this Court," Soares's Friday letter to Judge Holly Trexler of Albany's City Court said.


Soares said the "speedy trial clock" began ticking "the day the sheriff filed the charges," meaning his office would need to conclude its investigation and be ready for court within 90 days or risk dismissal of the charges.

"Therefore, in order to reduce the risk of a procedural dismissal of this case, and with the understanding that the defendant is in agreement, the People are asking for an adjournment ... to give my office time to continue with our independent and unbiased review of the facts in this case," Soares wrote.

Cecilia Walsh, director of communications for Soares's office, confirmed the matter would be adjourned by the court until Jan. 7 "at the request of the parties," but she declined to comment further.

Apple acknowledged last month the announcement of the charges against Cuomo came "much" sooner than originally planned.

"We would have liked to have presented everything, sat down with the DA, and explained exactly what we had," he said at an Oct. 29 press conference. "I would have also, out of courtesy, liked to have reached out to [Cuomo attorney Rita] Glavin and explained what we had and what the next process would be, but again, things change, and it doesn't always work out as planned."

But surrogates for Cuomo, who has denied all allegations of inappropriate touching, said Apple's rush to serve charges proved his process was flawed.

"'Accidentally' filing a criminal charge without notification and consent of the prosecuting body doesn't pass the laugh test, and this reeks of Albany politics and perhaps worse," Cuomo spokesman Rich Azzopardi said on Oct. 28.

Azzopardi accused Apple of working hand-in-hand with Attorney General Letitia James, who authored the Aug. 3 report that precipitated Cuomo's resignation and who has since announced a run for governor.

"The fact that the AG — as predicted — is about to announce a run for governor is lost on no one. The truth about what happened with this cowboy sheriff will come out," Azzopardi continued.

Glavin, an attorney for Cuomo, sent Apple a preservation of records request one day after he announced the criminal summons for Cuomo, alleging the sheriff spearheaded a "rogue" investigation.

But James's office said the charges validated her Aug. 3 report, which concluded Cuomo sexually harassed 11 women during his time in public office.

"From the moment my office received the referral to investigate allegations that former Gov. Andrew Cuomo sexually harassed multiple women, we proceeded without fear or favor," the attorney general's office said after Apple announced the charges. "The criminal charges brought today against Mr. Cuomo for forcible touching further validate the findings in our report."

On Oct. 28, Apple announced Cuomo would be placed under arrest and criminally charged with forcible touching. The criminal complaint against Cuomo, a copy of which was obtained by the Washington Examiner, alleged that on Dec. 7, 2020, while at the New York governor's mansion, Cuomo "did intentionally, and for no legitimate purpose, forcibly place his hand under the blouse shirt of the victim [REDACTED] and onto her intimate body part, specifically, the victim’s left breast." The complaint says that "a person is guilty of Forcible Touching when such person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person, or for the purpose of gratifying the actor’s sexual desire."

Even after Cuomo stepped down from office on Aug. 24, Apple said he would continue his inquiry into the former governor, saying, "It was never about his office, although I appreciate him putting the people of New York first and stepping aside."

Despite stepping down, Cuomo has repeatedly railed against James's "unjust" report, and last month, Glavin called for an independent review into the attorney general's report, which contained "glaring omissions and deficiencies," she argued.


The former governor and the attorney general, once political allies, have been verbally sparring ever since James announced her findings. In September, James slammed Cuomo for not taking "responsibility for his own conduct" after Cuomo blasted his ouster as "politics."

Representatives for the court and Apple did not immediately respond to the Washington Examiner's requests for comment.