ALBANY, N.Y. (NEWS10) — A criminal summons for Albany City Court was issued by the Sheriff’s Office for Cuomo on November 17. On that day, Sheriff Apple said Cuomo will have to answer to the complaint charging him with a sex crime.
“He will be booked and printed, just like any other person accused of a misdemeanor crime,” said Albany lawyer Paul DerOhannesian.
Documents and motions will likely be filed, as they would in other misdemeanor cases.
“All those steps will probably get more attention,” DerOhannesian explained, “and that’s how this case is going to be different.”
That could mean, going forward, more conflicting ideas from involved parties about how it should be prosecuted.
“Unfortunately, sometimes the attention puts stress on the system. The attention affects witnesses, it affects the system itself,” DerOhannesian said, “and I think that’s somewhat unfortunate because it makes it more difficult to process the case.”
Albany County Sheriff Craig Apple told reporters it was “standard in police work” for a packet with a complaint to be sent to city court, and a summons to then be issued. But things moved more quickly than he expected after that.
“It’s not unusual that there are leaks that a certain person may be arrested, particularly in a high profile case,” DerOhannesian told NEWS10.
Apple said the news about the summons was posted online before he could have a deeper conversation with Albany County District Attorney David Soares, and Cuomo’s attorney, Rita Glavin. DerOhannesian doesn’t think much should be made of the lack of official notification in this case.
“Especially given that the charges were apparently not processed the way the arresting authority or prosecutor may have anticipated, I don’t think that’s too surprising,” he said.
Apple also said many conversations were had with the alleged victim, who has identified herself as Brittany Commisso, along the way, and she was fully cooperative.
These latest developments though, according to DerOhannesian, didn’t require her go-ahead.
“Typically it’s not up to the victim or complaining witness to decide whether or not charges will be brought.”
This charge Cuomo faces, forcible touching, a class “a” misdemeanor, carries the maximum penalty of one year in jail with the possibility of probation for first-time offenders.