Around 3:45 a.m., Carey Gabay and his brother were walking by an argument where shots were fired, according to ABC station WABC-TV in New York.
Gabay, 43, was struck in the head, WABC-TV said. He was hospitalized in critical condition, according to the governor's office.
"This was a beautiful man. A sweet man. A man who was giving back to his community," Cuomo said.
Gabay is First Deputy General Counsel at Empire State Development, the state's economic development agency, and was formerly an assistant counsel to the governor, Cuomo's office said.
Gabay's wife is pregnant with their first child, Cuomo said.
“Carey is an outstanding public servant who joined our administration in 2011," the governor said in a statement. "He is a Harvard-educated lawyer who works for the State because he wants to give back to others and make a difference. He is just 43 years old and is a kind-hearted man. Carey is a friend to all who have the pleasure of meeting him. I ask that New Yorkers join us by keeping him, his wife Trenelle and his family in their prayers at this time.
This tragic shooting – this one by another seemingly random bullet – is the latest heartbreaking reminder that the crime of gun violence must stop. Enough young, innocent people have died, and it must stop now.”
No suspects were in custody, police sources said.