ALBANY – In an unusual tug-of-war between the court and a prosecutor over whether a district attorney can decline to prosecute a criminal matter already under way, a judge in Albany has held that a case can be dismissed only upon a proper motion—and not merely because the D.A. has decided to walk away from the matter.
A decision Thursday by Supreme Court Justice Richard Platkin (See Profile) delves deeply into an issue that has divided some upstate lower courts, and concludes that while a district attorney cannot simply abandon a case, a judge has few remedies if he does.
