BREAKING: Andrew Cuomo's sex crime charge could be tossed after Albany DA writes extraordinary letter to court where he said it was 'defective' because it did not include sworn statement from victim who claims she was groped in mansion District Attorney David Soares said that the Albany County sheriff filed the complaint 'unilaterally and inexplicably' while his investigation was still ongoing Soares added that the indictment did not even include a sworn statement by the alleged victim that would allow them to prosecute the deposed governor The DA notes that parts of Commisso's prior testimony were excluded and that one part of the complaint incorrectly stated the relevant law in question By Stephen M. Lepore For Dailymail.Com Published: 20:16 GMT, 5 November 2021 | Updated: 20:20 GMT, 5 November 2021 Viewcomments Disgraced former New York Governor Andrew Cuomo could have a sex crime charge tossed out after a letter written by the Albany County district attorney calling the complaint 'potentially defective.' District Attorney David Soares said that the Albany County sheriff filed the complaint 'unilaterally and inexplicably' while his investigation was still ongoing. Soares, a Democrat, added that the indictment did not even include a sworn statement by the alleged victim, former aide Brittany Commisso, that would allow them to prosecute the deposed governor. The DA notes that parts of Commisso's prior testimony were excluded and that one part of the complaint incorrectly stated the relevant law that Cuomo had allegedly broken. Judge Holly Trexler of Albany City Court agreed to Soares' request to postpone Cuomo's arraignment until January 7, giving the district attorney 60 days 'to reduce the risk of a procedural dismissal of this case' and give Soares 'time to continue with out independent and unbiased review of the facts.' Disgraced former New York Governor Andrew Cuomo could have a sex crime charge tossed out after a letter written by the Albany County district attorney calling the complaint 'potentially defective.' Share or comment on this article: All rights reserved for this news site (dailymail) and under his responsibility