Former Gov. Andrew Cuomo will not face criminal charges over two allegations of sexual misconduct despite there being "credible evidence," according to the top prosecutor in Westchester County, New York.

Mimi Rocah, the district attorney in the county north of New York City, announced Tuesday the conclusion of her investigation into accusations of inappropriate kissing by a state trooper who was assigned to the Democratic governor's protective detail and another woman who met Cuomo at an event.


"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."

The news comes less than a week after the Nassau County's district attorney announced her office would not bring charges against Cuomo for allegations of inappropriate touching, though she said the allegation that Cuomo inappropriately touched a state trooper at Long Island's Belmont Racetrack in September 2019 was "credible [and] deeply troubling but not criminal under New York law."

Cuomo, 64, faces allegations of sexual misconduct by numerous women. New York Attorney General Letitia James conducted an investigation into the claims of 11 women and released a report on Cuomo that determined he sexually harrassed nearly a dozen women and created a hostile work environment.

Under immense pressure, Cuomo resigned in August but has denied any inappropriate touching.

The trooper at the heart of Rocah's investigation, identified as "Trooper 1" in James's report on Cuomo, was part of the governor's detail at his home in Mount Kisco. He allegedly asked permission to kiss her on the cheek. She gave him permission in part because she was concerned about the ramifications of denying his request, according to Rocah.

The second woman claimed that Cuomo grabbed her arm and kissed her on the cheek without asking for permission. This took place at White Plains High School, Rocah said.


"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 said.

Although Cuomo would not face criminal charges, Rocah said her office is not necessarily absolving him of civil liability. She said civil liability in this case is "beyond the scope of a district attorney's jurisdiction."