ALBANY, N.Y. (AP) — Former New York Gov. Andrew Cuomo was set to make a virtual appearance before an Albany judge Friday as prosecutors moved to dismiss the only criminal charge filed against the Democrat in connection with the sexual harassment allegations that drove him from office.

The misdemeanor complaint was filed by the local sheriff in October, accusing Cuomo of groping an aide in the executive mansion in December 2020, eight months before he resigned. Albany County District Attorney David Soares told Judge Holly Trexler earlier this week that although the aide was credible, and some evidence supported her account, he believed he couldn’t win a conviction in court.

Soares and Cuomo’s attorney each asked the judge to dismiss the complaint. With an arraignment already scheduled, the judge said Cuomo and the attorneys should appear virtually. The judge will preside over the proceeding from an Albany courtroom with the lawyers participating via videoconference.

The charges against Cuomo were based on allegations by Brittany Commisso, who said Cuomo slid his hand up her blouse and grabbed her breast when they were alone in an office at the mansion. Her testimony was among the most damning in a report released in August by Democratic state Attorney General Letitia James that concluded Cuomo sexually harassed 11 women.

Cuomo resigned that month, a week after the report’s release. He has called the report unfair and has vehemently denied the groping allegation, calling it inaccurate and unfair and telling James’ investigators that “it would be an act of insanity” to do that.

Soares has said he was caught by surprise when Sheriff Craig Apple, a fellow Democrat, filed the forcible touching complaint without consulting the prosecutor’s office. Soares called it “potentially defective” and moved to delay Cuomo’s arraignment, originally set for November.

In a letter to Trexler on Tuesday, Soares said “statutory elements of New York law make this case impossible to prove.” He added that multiple government inquiries into Cuomo’s conduct had created “technical and procedural hurdles” regarding prosecutors’ obligations to disclose evidence to the defense. He said he would not be able to prove Commisso’s allegation that Cuomo reached up her blouse and grabbed her breast while they were alone in his office.

A motion to dismiss the charge written by Cuomo attorney Rita Glavin was released by court officials on Thursday. “Given the District Attorney’s declination to prosecute this matter, the Court should dismiss the case to avoid intruding upon the role of the prosecutor,” she wrote.

Some legal experts said Soares’ decision illustrated the difficulties of prosecuting sex crime allegations. But others said he should have proceeded if he considered the accuser credible.

Commisso was among the critics. “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,” she said in a statement to the Times Union.

Two prosecutors in the New York City suburbs separately announced last month that Cuomo would not face charges for allegations involving other women who said they had been subjected to unwanted kisses or touches.