Former New York Governor Andrew Cuomo won't face criminal charges for allegations that he inappropriately kissed two women on the cheek in Westchester County, marking the second time in a week the Democrat has avoided prosecution for conduct that helped drive him out of office.

Westchester District Attorney Mimi Rocah announced Tuesday that she would not bring charges against the former governor, finding that the alleged conduct — while “concerning” — did not rise to the level of a crime.

“Our investigation found credible evidence to conclude that the alleged conduct in both instances described above did occur,” Rocah said in a statement. “However, in both instances, my Office has determined that, although the allegations and witnesses were credible, and the conduct concerning, we cannot pursue criminal charges due to the statutory requirements of the criminal laws of New York.”

A spokesman for Cuomo declined comment Tuesday.

Cuomo had been publicly accused of harassment in two different incidents in Westchester, the county he called home for much of the past two decades.

One alleged incident occurred in 2019 and was detailed in the August 2021 report from state Attorney General Letitia James’ office, which concluded Cuomo sexually harassed 11 women in violation of state civil rights law and helped force the governor’s resignation.

A state trooper said she encountered Cuomo in the driveway of the town of New Castle home he shared at the time with Sandra Lee, his longtime partner with whom he has since split.

The trooper said she asked Cuomo if he needed anything. Cuomo asked if he could kiss her.

Stunned, the trooper said “sure.” She said she was fearful of retaliation against Cuomo’s security detail if she declined his offer.

“I remember just freezing, being – in the back of my head, I'm like, Oh, how do I say no politely?” the trooper said, according to a transcript of her interview with investigators. “Because in my head if I said no, he's going to take it out on the detail. And now I'm on the bad list.”

A second woman, Susan Iannucci, came forward after Cuomo’s office used a photo of her in a montage of images in response to the attorney general’s August report.

Iannucci was one of several women Cuomo was shown kissing on the cheek in the montage, which the governor was using to show that such kisses were friendly in nature and not offensive. But Iannucci was offended by the image, which she said came after Cuomo grabbed her arm and pulled her in for the cheek kiss at a 2018 event at White Plains High School in Westchester.

Iannucci retained famed attorney Gloria Allred to represent her, holding a virtual news conference on Aug. 11 to speak out against Cuomo.

Rocah’s announcement came five days after acting Nassau County District Attorney Joyce Smith made a similar determination about Cuomo’s conduct on Long Island.

The same state trooper whom Cuomo allegedly kissed in his New Castle driveway also said Cuomo touched her stomach and hip with the palm of his hand as he exited an event at Belmont Park on Long Island.

Similar to Rocah, Smith said Cuomo’s conduct was disturbing but did not meet the standards for a criminal prosecution.

Cuomo, however, still faces a misdemeanor criminal complaint for the most serious allegation that has been lodged against him.

He is due in Albany City Court on Jan. 7 to face a forcible touching complaint filed by Albany County Sheriff Craig Apple. Cuomo is accused of reaching under the blouse of his executive assistant, Brittany Commisso, and grabbing her breast in December 2020.

Cuomo has denied any wrongdoing. And it remains unclear if Albany County District Attorney David Soares intends to move forward with prosecution; previously, he has raised concerns about errors in the complaint’s documentation that could make it “potentially defective.”

The article has been updated to accurately reflect Andrew Cuomo's court appearance.