The state Assembly may still move forward with its impeachment investigation into Gov. Andrew Cuomo, even after his successor takes office.

News 12 has learned that the Assembly Judiciary Committee will be meeting with its attorneys on Monday to decide if it can legally impeach him now.

Following Cuomo's resignation, state officials are figuring out if the state constitution allows them to impeach a governor that's left office, and if Cuomo's resignation means the Assembly Judiciary Committee needs to disband.

Constitutional law expert Bennett Gershman says moving forward would be foolish.

"He may very well be criminally prosecuted. That's possible. He certainly will be subjected to civil lawsuits. I would be shocked if they went through with impeachment process. It would be such a terrible waste of time," he says.

State Assemblyman Thomas Abinanti, a member of the Judiciary Committee, says he supports moving forward with the investigation, and says it will not interfere with the state's handling of the pandemic.

"We have passed legislation that empowers the executive branch to deal with the pandemic. Under Gov. Hochul, we will see a renewed effort to get ahead of the pandemic and to protect the people of the state of New York," he says.

It's ultimately the Assembly Judiciary Committee's decision, but Assemblyman Abinanti says he would still move forward regardless. He says it's a question of what's right - in his words, it's not a popularity contest.