ALBANY, N.Y. (AP) — Albany's top prosecutor says he is set to drop a criminal charge accusing former New York Gov. Andrew Cuomo of fondling an aide.

Albany County District Attorney David Soares’ decision comes three days before the Democratic ex-governor was due to answer the misdemeanor charge in court.

It follows a couple of moves by prosecutors elsewhere in the state not to pursue charges against Cuomo over his behavior toward women.

The Albany County sheriff filed a criminal complaint Oct. 28 accusing Cuomo of forcible touching.

Soares had said the complaint was “potentially defective.”

Cuomo has denied the allegations.

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