State Attorney General Barbara Underwood’s office has filed a motion to reargue the dismissal of charges against Rensselaer County District Attorney Joel Abelove, who was accused of perjury and misconduct in a matter stemming from his office’s handling of a police-involved shooting last year.

The charges were thrown out earlier this month by acting state Supreme Court Justice Jonathan Nichols of Columbia County. Underwood’s office argued in their motion to reargue this week that an executive order from Gov. Andrew Cuomo gives them the authority to prosecute Abelove.

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