Andrew Cuomo ‘grope’ probe: surveillance videos, other evidence subpoenaed

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Law enforcement authorities investigating the alleged groping of an aide by disgraced ex-Gov. Andrew Cuomo have served six subpoenas for surveillance videos and other evidence to establish a “timeline” of events, The Post has learned.

The subpoenas — which also seek records of phone calls and keycard swipes at secure entrances — were served on the Executive Mansion, where the incident allegedly occurred, and the state Capitol, where accuser Brittany Commisso works, according to a source briefed on the matter.

The effort is aimed at “creating a timeline to verify who was there and when,” the source said.

Albany County District Attorney David Soares — who issued the subpoenas — hasn’t launched a grand jury investigation of Commisso’s allegations, but information “is starting to come in” and the probe is expected to “expand a lot,” the source said.

New York Gov. Andrew Cuomo speaks during a news conference, Tuesday, May 11, 2021, in New York. (AP Photo/Mary Altaffer)
(AP)

State Attorney General Letitia James’ devastating, 168-page sexual harassment report against Cuomo — which led him to step down from office last week — alleges that he reached under Commisso’s blouse and grabbed one of her breasts on Nov. 16.

Cuomo had denied any wrongdoing and his defense lawyer, former US Justice Department official Rita Glavin, has seized on the Nov. 16 date, saying it’s not supported by emails and other records and shows that Commisso’s account, “as stated as fact in the report, is false.”

Commisso’s lawyer has said “she does not know the date” but “was there the day he did what she alleged.”

Commisso, 33, filed a complaint against Cuomo, 63, with the Albany County Sheriff’s Office on Aug. 6 and later told CBS News and the Albany Times that she did so because “what he did to me was a crime.”

On Monday, Commisso returned to the sheriff’s office and was interviewed for several hours by investigators and an Albany County assistant district attorney.

“Her story hasn’t deviated,” the source said.

Under state law, “forcible touching” of someone’s “sexual or other intimate parts” is can be prosecuted as a misdemeanor punishable by up to one year in jail.

Cuomo executive assistant Brittany Commisso with Cuomo in selfie
(CBS)

Commisso’s allegation that Cuomo molested her is the most serious made by any of the 11 women who’ve accused him of sexually harassing them while he was governor.

Nine of the accusers are current or former state employees, and they include a state trooper who was assigned to his protective detail, according to James’ report.

Sheriff Craig Apple has said that Cuomo could face “a couple” of misdemeanor charges based on Commisso’s initial allegations.

The source said “there’s nothing so far” to suggest Cuomo’s potential legal exposure has increased.

Meanwhile, James said Wednesday that she wouldn’t immediately make public the transcripts of the interviews that form the basis of her report, due to requests from various prosecutors who are investigating some of the allegations it contains.

“At some point in time we will, but at this point in time, the district attorney — most of the district attorneys have asked me not to release it, and because I am cooperating with them and respect that request, I will not be releasing it at this time,” she said during an appearance at the state fair in Syracuse.

In addition to Soares, DAs in Manhattan, as well as Nassau, Westchester and Oswego counties, have said they’re probing incidents alleged to have taken place within their jurisdictions.

Neither Soares, Apple nor Glavin immediately responded to requests for comment Wednesday.

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