ALBANY — State Attorney General Andrew M. Cuomo, who has seen his poll numbers slide

with New Yorkers, removed a possible political thorn from his side Thursday by naming an

independent counsel to oversee his office's investigations of Gov. David A. Paterson.

Recusing himself from the probes, Cuomo turned to a former chief judge of the State of New

York to look into what he called "credible issues to be resolved" involving the Paterson

administration.

Judith Kaye, who was appointed to the Court of Appeals and then named chief judge by

Cuomo's father, former Gov. Mario M. Cuomo, will lead the investigation into whether Paterson

or the State Police may have influenced a Bronx woman to drop a domestic violence case against

a top Paterson aide.

A separate investigation focuses on whether Paterson may have broken the state's gift ban

by attending the opening game of last fall's World Series at Yankee Stadium and then lied to

state ethics investigators about his intention to pay for the tickets.

Paterson, who declined to comment Thursday, has denied all wrongdoing.

Some Democrats and Republicans have said that it could be a conflict for Cuomo to lead the

investigation since he is preparing a run for governor this year. Meanwhile, a poll this week

found Cuomo's popularity declining, especially among African-American voters.

Cuomo said polls had no impact on his naming Kaye to investigate Paterson, and he said his

political fortunes are not affected by Paterson because the governor has decided against

seeking election. He also dismissed questions that the move may have been done to help clear

his way to announce his candidacy.

Until Thursday, all indications pointed to Cuomo being involved in a full investigation of

the allegations surrounding Paterson. He said dozens of people have been interviewed and

thousands of e-mails and documents pored over, and his office pushed back against critics who

accused him of being incapable of running a fair investigation.

Cuomo called that work "preliminary" to determine if a more complete investigation was

warranted of Paterson, his aides and the State Police.

Cuomo revealed that had Paterson resigned from office — as some Democrats sought a

week ago — the investigation against him might have been "moot." He did not elaborate.

The attorney general insisted that there was no "technical conflict" for him to continue to

run the case but that he is recusing himself out of an "abundance of caution."

"Even the appearance of a conflict, even the appearance of a political interest, can be

damaging," Cuomo said in a telephone news conference Thursday.

Rick Lazio, a former Long Island congressman running for the Republican Party gubernatorial

nomination, noted his repeated calls for Cuomo to step aside in the investigations.

"It should not have required two weeks and a drop in the polls for Andrew Cuomo to

recognize what he should have instinctively known from the beginning," Lazio said.

Cuomo's decision also came after two tabloids — the Daily News and New York Post

— quoted unnamed sources saying Cuomo had not discovered direct evidence that Paterson

tried to persuade an alleged domestic violence victim not to pursue a legal case against her

former boyfriend and longtime Paterson aide, David Johnson.

Paterson also has known the woman for years, and no evidence has been publicly revealed

that he pressured her during a one-minute phone call with her last month.

Cuomo said any impressions about the outcome of the cases are "wholly premature." His

office has yet to interview Paterson or several other key players.

Kaye declined to comment. She is now an attorney with the high-profile Manhattan firm

Skadden, Arps, Slate, Meagher and Flom, which is also a registered lobbyist in Albany. Kaye and her firm recently concluded an investigation into the athletics program at the University at Binghamton; the firm charged nearly $1 million for the work.

Cuomo said lawyers in his office will still be involved in the investigations, and Kaye

will serve pro bono.

She will have wide latitude to investigate, recommend possible prosecutions, issue a report

or clear people of any alleged wrongdoing, Cuomo said.

Paterson was sworn into office in 2008 by Kaye, then still the chief judge, following Eliot

L. Spitzer's resignation from office.

Kaye and the Cuomos go back years. The attorney general's father appointed her to the high

court in 1983, and 10 years later he named her chief judge.

A Marist College poll this week found 68 percent of New Yorkers want Paterson to finish out

his term. It also found only 38 percent believe Cuomo could not be "fair and impartial" in the

investigation because of his gubernatorial ambitions.

Nearly 60 percent called for a special prosecutor. Kaye's appointment is not the same as a

special prosecutor; Cuomo's office will still run the probe, except Kaye, and not Cuomo, will

be directing the effort.

The poll also found Cuomo's popularity rating falling 13 points to 54 percent. He dropped

heavily — 17 points — among New York City voters and 22 percent among non-whites.

"I don't know about the polls," Cuomo said. He called his decision a "legal determination as to what is the best way to conduct an investigation."

"People suggested there may be politics going on. The suggestion of politics raises the issue of the politics and I want to make sure this is an investigation that is as free from political interference as possible," he said.

One Albany analyst said he did not think Cuomo was reacting to the Marist poll — but

rather is making a political calculation.

"Clearly, this investigation was going to last awhile, and he wants to announce for the

governorship," said Douglas Muzzio, a Baruch College political scientist. "Secondly, almost no

matter what he did [with the investigation] he would be accused of something."

Cuomo said he could not predict a timetable for Kaye's work, but suggested it will not be concluded anytime soon.

Paterson originally asked Cuomo to look into allegations of possible State Police pressure on the alleged domestic violence victim. He said the Paterson administration has been cooperative in the probes of the domestic violence case and the tickets to the Yankees game.

Cuomo called an investigation into a sitting governor a "complex, weighty matter."