Criminal Complaint Termed Potentially Defective. That is the word from Albany County District Attorney David Soares. In a letter to the court he wrote that there are improprieties in the criminal case. At issue is the fact that Albany County Sheriff Craig Apple went public with the charge of forcible touching before notifying the District Attorney. The complaint also lacks sworn testimony from the accuser, Britanny Collmisso. Cuomo’s arraignment has been postponed from November 17th to January. Clearly there are cracks in the criminal case. Complaint Termed Potentially Defective. The Cuomo camp may well prevail in court !!