The New York state Assembly will suspend its investigation of Gov. Andrew Cuomo once he steps down after its leader concluded the Legislature didn’t have the clear authority to impeach a departed official, the chamber’s top Democrat said Friday, AP reported.

At the same time, they believe that if Cuomo remained in office, he would be charged.

“This evidence—we believe—could likely have resulted in articles of impeachment had he not resigned,” said Assembly Speaker Carl Heastie.

Cuomo announced Tuesday he planned to resign over sexual harassment allegations as it became clear he was almost certain to be impeached by the Legislature. He said his resignation was effective in 14 days, at which point he’ll be replaced by Lt. Gov. Kathy Hochul.