Lawyer for Cuomo serves preservation of evidence notice to Apple

Former New York Governor Andrew Cuomo at a press conference.

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Rita Glavin, an attorney for former New York Governor Andrew Cuomo, filed a notice with Albany County Sheriff Craig Apple Sr. on Saturday to keep “everything” about his office’s investigation with the Democrat.

Cuomo on Thursday was charged with a misdemeanor and sexual offense complaint for allegedly forcibly touching a woman last December. The complaint came two months after the former governor’s resignation following accusations of sexual harassment by nearly a dozen women detailed in a report by state attorney general Letitia James. Apple’s investigator signed the criminal complaint against Cuomo.

“The governor has been categorical in denying these allegations from day one and neither Sheriff Apple, Tish James, or any Albanian politician have evidence to the contrary,” spokesman Rich Azopardi said in a statement on Saturday. “To be clear: There is no corroborating evidence for the allegation made against the governor because it did not happen.

“What happened was a clear abuse of power by the sheriff and we plan to get to the bottom of the matter.”

Glavin’s and Apple’s offices did not immediately respond to CNBC’s request for comment.

Glavin asks Apple’s office to keep all records between him and Brittany Commisso, Cuomo’s former assistant who publicly identified herself as the employee who told Apple investigators that Cuomo handled her cleverly and grabbed her breasts at the executive mansion, as well as records for her attorney.

It also requires the office to keep all communications between it and the press, other lawmakers, the attorney general and other public officials, among other documents.

James’ report, released in August, said investigators found Cuomo sexually harassed at least 11 current and former employees. According to the report, Cuomo allegedly touched women without their consent and made inappropriate comments.

Apple told reporters on Friday that it had a “massive amount of evidence” against Cuomo. The former governor is due to appear in court on November 17 in the case.

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