He said the court usually took some time to review the paperwork before issuing a summons or a warrant for an arrest, but that, in this instance, the court issued a criminal summons for Mr. Cuomo’s arraignment within minutes. As a result, he said, he did not have enough time to inform prosecutors and Mr. Cuomo’s personal lawyer about the complaint before it became public.
“This just came back at a relatively accelerated rate and kind of caught us by surprise as well,” Mr. Apple said, adding that, “sometimes in police work, with investigations, things don’t go how you want them.”
Mr. Soares will now have to decide whether to go forward with what will almost certainly be a difficult case to prove, and he will be under significant pressure. Indeed, Mr. Apple on Friday appeared to put the ball in Mr. Soares’s court, saying, “I feel very confident that the district attorney is going to prosecute this.”
A spokeswoman for Mr. Soares, who is also a Democrat, said the district attorney’s office recognized that Mr. Cuomo’s case was “a matter of great public interest,” but would not confirm if the office planned to prosecute him.
“At this time we are refraining from making any additional comments or engaging in interviews about the court filings made by the Albany County sheriff’s office,” Cecilia Walsh, the director of communications for the Albany district attorney’s office, said in an emailed statement.
Lawyers and academics said that Mr. Apple’s decision to proceed with a charge without input from the district attorney’s office was well outside the norm. Typically, in long-term investigations, particularly high-stakes ones, law enforcement authorities would work closely with local prosecutors, given that the prosecutors handle the case once the legal proceeding is initiated.