The charge of fondling a woman against former News York Governor Andrew Cuomo was dropped Tuesday, three days before the case was to proceed in court.

New York District Attorney David Soares said there was no chance of winning the case. It was scheduled to be heard Friday.

“While we found the complainant in this case cooperative and credible, after review of all the available evidence, we have concluded that we cannot meet our burden at trial,” Soares said in a statement, adding that he was “deeply troubled” by the allegation.

The Associated Press said Cuomo “had no immediate comment” on the charge being withdrawn.

Soares was on record saying it would be difficult to prosecute the forcible touching charge.

“While many have an opinion regarding the allegations against the former governor, the Albany County DA’s Office is the only one who has a burden to prove the elements of a crime beyond a reasonable doubt,” Soares said Monday.

The charge involved Brittany Commisso, an aide to Cuomo, who said in the latter part of 2020, the former governor slipped his hand under her blouse and touched her breast while the pair was alone in the governor’s mansion in Albany.

“I knew, and he knew, too, that that was wrong,” Commisso told investigators. “And that I in no way, shape or form invited that, nor did I ask for it. I didn’t want it.”

The governor, who resigned after about a dozen women claimed he acted inappropriately, said he would have had to “lose his mind” to do what Commisso alleged.

A few weeks ago, other charges involving sexual inappropriateness against Cuomo were dropped. (Anadolu Agency)

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