District Attorney David Soares said that the Albany County sheriff filed the complaint 'unilaterally and inexplicably' while his investigation was still ongoing 

Soares added that the indictment did not even include a sworn statement by the alleged victim that would allow them to prosecute the deposed governor 

The DA notes that parts of Commisso's prior testimony were excluded and that one part of the complaint incorrectly stated the relevant law in question 

Judge Holly Trexler of Albany City Court agreed to Soares' request to postpone Cuomo's arraignment until January 7

The district attorney now has 60 days 'to reduce the risk of a procedural dismissal of this case'