A judge tossed out an indictment against a Spring Valley police officer accused of sexual abuse Friday.

Officer David Lebron was accused of assaulting a woman while on duty. Prosecutors say he tried to cover it up.

First Assistant District Attorney James Mellion says the Supreme Court judge dropped the indictment because of errors by the assistant district attorney. Judge Catherine Bartlett maintains she was not sure if there was sufficient quorum to return an indictment properly. She says the ADA did not ask if there were 16 people present on the grand jury at the time.

Bartlett also felt the evidence against Lebron was only based on hearsay. The ADA who presented the case no longer works for the county.

Lebrons? attorney says the charges have no merit, but is leaving it up to the new district attorney whether to file the charges again. Lebron remains suspended without pay.