Nassau DA Will Not Prosecute Cuomo. Joyce Smith announced she will not seek criminal charges against the former Governor. Her office investigated claims by a female New York State trooper that he inappropriately touch her. The incident allegedly occurred at Belmont Race Track. Smith explained “Our exhaustive investigation found the allegations credible, deeply troubling, but not criminal under New York law,” Chalk one up for Cuomo. He did not fare as favorably with Albany County Sheriff Craig Apple, who charged him with forcible touching of a female aide at the State House. He is expected to be arraigned in January. Nassau DA Will Not Prosecute Cuomo. You win some, you lose some !!