Former New York governor Andrew Cuomo won’t face criminal prosecution over an allegation that he fondled an aide, after a prosecutor said Tuesday he was dropping the case because he couldn’t prove it.

Three days before the Democratic ex-governor was due to answer the misdemeanor charge in court, Albany County District Attorney David Soares said he was asking that a criminal complaint the county sheriff filed in October be dismissed.

“While we found the complainant in this case co-operative and credible, after review of all the available evidence, we have concluded that we cannot meet our burden at trial,” Soares said in