#DA drops Andrew Cuomo’s last sexual harassment criminal case

ALBANY — An upstate district attorney’s office is dropping its criminal investigation of sexual harassment allegations against Andrew Cuomo — shutting down the last of five criminal cases involving the disgraced ex-governor.

But Oswego DA Gregory Oakes told The Post on Monday that while there’s not “sufficient legal basis” to bring charges based on allegations of unwanted physical contact by accuser Virginia Limmiatis, “this decision is not an exoneration.”

“After a thorough review of the available evidence and applicable law, the Oswego County District Attorney’s Office has concluded that there is not a sufficient legal basis to bring criminal charges against former Governor Andrew Cuomo based upon the allegations of unwanted physical contact made by Virginia Limmiatis,” Oakes said in a statement Monday.

“To be clear, this decision is based solely upon an assessment of the law and whether the People can establish a legally sufficient case under controlling precedent. In no way should this decision be interpreted as casting doubt upon the character or credibility of Ms. Limmiatis, or how harmful the acts she experienced were,” he added. 

Oakes told The Post in a phone interview that he’s worked special victims cases for 20 years and believes Limmiatis’ description of events.

“In no way should this be a positive reflection on Andrew Cuomo. This decision is not an exoneration,” he said.

Limmiatis, 55, an employee of National Grid in Syracuse, accused Cuomo of touching her chest during a conservation event in Oswego County in May 2017.

She came forward after hearing the governor’s remarks in March that he had never “touched anyone inappropriately,” according to a report released Aug. 3 by state Attorney General Letitia James.

“Cuomo not only touched my chest inappropriately, but whispered in my ear afterwards to make up a patently ridiculous excuse to cover up his behavior,” Limmiatis told The Post in a statement Monday in response to the DA dropping criminal charges.

“I immediately spoke to multiple people about what Cuomo had done to me, precisely because I was so disturbed and upset by it. At the same time, I did not report him publicly, because he was the Governor, and I was fearful of him,” she said.

The closing of the Oswego case follows the lead of similar investigations opened by the district attorney’s offices in Nassau, Westchester, Albany and Manhattan after James released findings that showed Cuomo broke “multiple state and federal laws.”

Oakes’ echoed findings by the Albany County DA and allegations waged by ex-Cuomo staffer Brittany Commisso, admitting “it would be impossible to establish all of the necessary elements to prove this beyond a reasonable doubt.”

“After watching her prior testimony and talking with her, I found her to be reliable and reasonable, seemingly motivated only by an earnest desire to do the right thing, and she was plainly upset by her interaction with then-Governor Cuomo as she expressed immediately to friends and family,” said Oakes.

“Knowing that the then-Governor would use his bully pulpit to deny the allegations and perhaps attempt to discredit her, she nevertheless stepped forward to tell her truth during the Attorney General’s investigation. She has further made herself available to my office. I commend her bravery and respect her courage.”

A rep for Cuomo did not immediately return a request for comment.