In early September, the Judiciary Committee was able to make a decision on whether to draft articles on charges against Cuomo.
The state constitution offers few parameters for the steps to be taken during an indictment process, so lawmakers draw examples from prosecutors in other states as well as procedures against lower-level officials. They also investigated the federal lawsuit against Governor William Sulzer in 1913, the only governor charged in New York history.
Legislators in the 150-seat assembly could charge Mr Cuomo with a simple majority. But Mr Heastie is likely to only prosecute if he has the support of enough Democrats alone to vote for the postponement and sticks to a long-standing convention in Albany to only go for measures backed by a majority in the party’s government. on.
While there is sufficient support among Republicans and Democrats to prosecute, Mr. Heastie’s approach means that 76 out of the 106 lawmakers holding meetings with Democrats would need to support deferment.
A trial would then be held in the state Senate, where Democrats are in the majority, with a jury made up of the majority of Senate members and the seven judges from the Court of Appeal, the state’s highest court. State Senator Andrea Stewart-Cousins, the leader of the Democratic majority, was to abstain from voting according to the state constitution.
A two-thirds majority is required to judge.
The State Senate has already begun consulting with external legal experts on a possible lawsuit.
“We have been preparing for this opportunity since the spring when we thought this could be something that could happen, but there is not much precedent in this situation,” said State Senator Michael Gianaris, Vice President of the majority. “We’ve dug pretty deep into the legal analysis on how to do this properly.”
If convicted, Cuomo would be removed from office and possibly permanently barred from seeking state political office. He would be replaced by Lt. Gov. Kathleen Hochul, a Democrat.