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And it's a misdemeanor, and misdemeanors are normally sat down and conferred with on every case or there will be no justice. we handled us like we handle every investigation and again, i want to put an emphasis on our victim cooperated every step of the way. >> you are working with her had worked with the law firm, is that the law firm that is working with the judiciary committee? have you been working with the state assembly is part of their investigation also? >> not the state assembly, but the embedded educators, we have shared information back and forth with them, they are very valuable as...

That did not happen, that was improper, but he says there is an overwhelming amount of evidence and andrew cuomo will appear in court on november 17th, he also said he is confident the d.a. will prosecute this case. let's bring in fox news legal analyst mercedes colwin to talk about this. mercedes, what was your take on the press conference? it seems like an unusual chain of events? >> it is certainly unusual because of the leak. that's one thing, usually there are a back channel communications with a representative party who has been accused of a criminal charge, especially their representati...

That he did intentionally and for no legitimate purpose forcibly placed his hand under the black shirt of the victim and onto her intimate body part. going on to say specifically the left breast for the purpose of degrading and supplying his sexual desire. he has been publicly accused of groping aide britney claim he so at the governor's mansion, and the lawyer said in a statement that he was innocent and question the albany sheriff's handling of the case saying he did not even tell the district attorney what he was doing. this is not professional law enforcement, this is politics. now andrew ...

>> i really don't want to do a deep dyed all of the weeds and the investigations in the facts in the circumstances of the case as far as miscommunication i don't want to say it was a miscommunication, i will say that again we did not anticipate a quick return like that nor do we anticipate everything will be posted on the internet and again just out of common courtesy we would've liked to have made some notifications. >> you said a criminal summons was issued, who does that? >> city court judge. >> how soon does that happen after you file? >> five, 10 minutes. it's relatively unusual, again, t...

I've been doing this a long time. i've been called much worse. >> calling one of your assistance to talk about this and ask about your reelection, did you perceive that as threatening and/or a threat on your reputation, but what of the question do you think it will need to get andrew cuomo convicted and why do you think it will not go to trial? >> as far as the election comment, i have no idea what that is, they were trying to muddy the waters saying it was an election employer something to that effect, i don't know. people always tried to distract or retract away from the real investigation, ...