Cuomo’s attorney calls on AG to investigate Albany County Sheriff

New York

FILE – Albany County Sheriff Craig Apple speaks during a news conference at the Albany County Sheriff office after a criminal complaint was filed charging former New York Governor Andrew Cuomo with a misdemeanor sex offense, Friday, Oct. 29, 2021, in New Scotland, N.Y. A lawyer for Cuomo wants the sheriff to preserve records of any communications his office has had with the alleged victim, journalists or other investigators. (AP Photo/Hans Pennink, File)

ALBANY, N.Y. (NEWS10) — An attorney for former New York Gov. Andrew Cuomo is calling for an investigation of Albany County Sheriff Craig Apple, saying Apple unlawfully disclosed information to the New York Post.

Rita Glavin wants Attorney General Letitia James to appoint an independent prosecutor due alleged conflicts of interest, including her announcement that she’s running for governor and James report on allegations of sexual harassment by Cuomo.

I represent former Governor Andrew M. Cuomo and write to request that, pursuant to N.Y. Exec. L. § 75, an investigation be immediately commenced into the unlawful disclosure to the New York Post of grand jury information relating to Governor Cuomo and the strong evidence that Albany County Sheriff Craig D. Apple was the source of that unlawful disclosure.

Rita Glavin

Glavin cited N.Y. Penal Law § 215.70, which prohibits unlawful grand jury disclosure by public officers, including police officers.

New York Law is unequivocal that “[g]rand jury proceedings are secret” and any “matter attending a grand jury proceeding” shall generally not be disclosed, including “all papers and proceedings relating to [a] subpoena,” which “shall be kept secret and not disclosed to the public by any public officer,” or any other individual specified in N.Y. Penal Law § 215.70.

Rita Glavin

Glavin referenced an August 30 New York Post article that said law enforcement officials had issued subpoenas related to the complainant’s allegations. The Post attributes that information to Apple. Glavin said the only subpoenas they could be talking about are grand jury subpoenas.

Two days later, an article was published by the New York Post that said subpoenas had been issued in connection with the District Attorney Office’s investigation. Again, Glavin said the article must have been referencing grand jury subpoenas. The source was not given in the article, but Glavin said it must have been Apple.

You can read Glavin’s full request for a criminal investigation into Apple below:

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