NEW YORK (CBSNewYork) — One of the women who says Gov. Andrew Cuomo sexually abused her has now filed a criminal complaint.
Sources told CBS2’s Marcia Kramer the unidentified aide made the report Thursday with the Albany County Sheriff’s Department.READ MORE: New York State Assembly Gives Cuomo 1 Week To Defend Himself In Sexual Harassment Investigation
The charges stem from an alleged groping incident that took place in 2019 at the Executive Mansion in Albany. If substantiated, the governor could possibly be arrested.
“I want you to know directly from me that I never touched anyone inappropriately or made inappropriate sexual advances,” Cuomo said Monday. “I am 63 years old. I have lived my entire adult life in public view. That is just not who I am, and that’s not who I have ever been.”
WATCH: N.Y. Attorney General James’ Press Conference On Report
The governor protested his innocence after New York Attorney General Letitia James released a blistering report accusing him of sexually abusing 11 women.
Now, a woman identified in the report as “Executive Assistant #1” has filed the first criminal complaint in the case.
According to the attorney general’s report, the incident happened on Nov. 16, 2019 at the Executive Mansion. The governor reportedly reached under the woman’s blouse and fondled one of her breasts.
“I mean, it was, he was like cupping my breast, he cupped my breast,” the woman told investigators. “I have to tell you it was — at the moment, I was in such shock that I could just tell you that I just remember looking down, seeing his hand, seeing the top of my bra.”
The woman also told investigators the governor groped her after asking her to snap selfies in his office at the mansion on Dec. 31, 2019.
WATCH: N.Y. Gov. Andrew Cuomo’s Press Conference In Response
“We are aware that there are media reports of formal complaints being filed in an ongoing inquiry being conducted by our office,” a spokesperson for the Albany County district attorney’s office said Friday. “We will not be confirming these reports, nor will any documents or information be disclosed and released from our office at this time. This is an ongoing matter that is under review.”
“As we said previously, we proactively made a referral nearly four months ago in accordance with state policies,” said Rich Azzopardi, spokesperson for the governor.
In his prerecorded response to James’ report, Cuomo, who has denied the charges, referred specifically to the groping charges.
“Her lawyer has suggested that she will file a legal claim for damages. That will be decided in a court of law. Trial by newspaper or biased reviews are not the way to find the facts in this matter. I welcome the opportunity for a full and fair review before a judge and a jury because this just did not happen,” Cuomo said.
Late Friday afternoon, Cuomo’s team of lawyers held a press conference to refute the attorney general’s report.READ MORE: TIMELINE: New York Gov. Andrew Cuomo Under Investigation For Sexual Harassment Allegations, Nursing Home Deaths
“Here, instead of acting as independent fact finders, the investigators acted as prosecutors, judge and jury,” attorney Rita Glavin said. “The investigation was conducted to support a predetermined narrative. There are contrary facts and omissions from that report and you have to ask yourself why.”
Cuomo’s team is demanding transcripts of everything every witness said so they can prepare their defense for the Assembly impeachment hearings. They contend that lots of detailed emails about what happened with “Executive Assistant #1” and others were never subpoenaed, claiming they paint a different picture.
Cuomo’s attorneys took particular issue with “Executive Assistant #1,” claiming the information about the woman’s charges were incomplete.
“Me and my team went through emails for that day. All the entrance and exit records. And this woman’s story, which is stated as fact in the report, is false. The documentary evidence does not support what she said,” Glavin said.
Cuomo’s attorney’s also questioned the integrity of lead investigator Joon Kim, who, as a former federal prosecutor, had investigated Cuomo and members of his administration.
“There is no question in my mind that he formed impressions about how the chamber was run, and you can look for yourself at some of the comments that Mr. Kim and Mr. (Preet) Bharara, his boss — Mr. Kim was the number two — made about Gov. Cuomo. I think the different lawyers may have done some things differently,” Glavin said.
The attorney general’s office responded to Cuomo’s lawyers with the following statement:
“After multiple women made accusations that Governor Cuomo sexually harassed them, the governor, himself, requested that Attorney General James oversee an independent investigation. The independent investigators selected are widely respected professionals, recognized for their legal and investigatory ability. To attack this investigation and attempt to undermine and politicize this process takes away from the bravery displayed by these women.
“There will be a rolling production of interview transcripts made available to the state Assembly, which will be redacted as needed.
“There are 11 women whose accounts have been corroborated by a mountain of evidence. Any suggestion that attempts to undermine the credibility of these women or this investigation is unfortunate.”
We will not be intimidated.
— Lindsey Boylan (@LindseyBoylan) August 6, 2021
Meanwhile, Cuomo accuser Lindsey Boylan took to Twitter, saying “We will not be intimidated,” in response to the governor’s lawyers.
Legal experts told CBS2’s Dick Brennan the bar is high for a criminal prosecution.
“You have two incidents here. One, a groping of the breast. The other, a grabbing of the buttocks. So each one carries a year in jail as a misdemeanor. It’s not likely that he would spend time in jail, but it certainly is possible,” CBS legal analyst Rikki Klieman said.
Though Cuomo has said he won’t step down, political analyst Javier Lacayo said he may be using his job as a bargaining chip.
“Him holding office is really the only leverage he has right now, as we have four separate prosecutors looking into criminal charges, all from different parts of the state. So, that’s a big part of why he could be hanging on right now,” Lacayo said.
In addition to Albany, district attorneys in Westchester, Nassau and Manhattan, as well as one upstate county, are investigating the governor’s actions.
CBS2’s Dick Brennan contributed to this report. Editor’s Note: This story was published Aug. 6.