The forcible touching case against former Governor Andrew Cuomo is potentially in peril, the Albany County District Attorney David Soares warned in a letter sent to Albany City Court Judge Holly Trexler Thursday.

“The filings in this matter are potentially defective,” the letter read, describing how the lack of sworn witness statements and misstated case law could end in the case’s dismissal. The letter asked for an extension to sort out all the relevant documents.

A spokesperson for the Albany District Attorney said both parties had agreed they’d return to court for Cuomo’s arraignment on Jan. 7, pushing back a previously scheduled date of November 17th for Cuomo’s arraignment. The spokesperson declined to comment further.

A spokesperson for the state court system confirmed the new arraignment date. The New York Times first reported District Attorney Soares’ office had concerns about the viability of the criminal case against Cuomo.

The arraignment delay stems from confusion late last month when Albany County Sheriff Craig Apple’s office filed a court summons without consulting the district attorney or an attorney for Brittany Commisso, the executive chamber assistant who alleged Cuomo groped her under her blouse in the executive mansion in December of 2020.

Apple, a Democrat, had maintained filing a misdemeanor forcible touching summons without talking to the District Attorney was par for the course. But Cuomo, who has repeatedly denied any wrongdoing, seized on the confusion as further evidence that any attacks against him are politically motivated. His campaign didn’t return a request for further comment Friday evening.

Commisso’s attorney Brian Premo couldn’t be reached for couldn’t be reached for comment immediately. The Albany County Sheriff's Office didn’t return a request for comment immediately.