A power struggle between an upstate district attorney and a local judge is heading to an appellate court, which has been asked to determine whether a jurist can force a district attorney, under threat of contempt, to prosecute a case.
October 28, 2013 at 12:00 AM
1 minute read
ALBANY – A power struggle between an upstate district attorney and a local judge is heading to an appellate court, which has been asked to determine whether a jurist can force a district attorney, under threat of contempt, to prosecute a case.
The Appellate Division, Third Department, has granted calendar preference to Soares v. Carter, 517191, and is poised to hear arguments Nov. 22 in a case that could define the limits of prosecutorial discretion and judicial authority.
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