PEOPLE v. BIRNBERG


112 Misc.2d 870 (1981)

The People of the State of New York, Plaintiff, v. Bruce A. Birnberg, Defendant.

Criminal Court of the City of New York, New York County.

December 18, 1981


Attorney(s) appearing for the Case

Elliot Carlin for plaintiff. Caesar Cirigliano and James Roth for defendant.


STANLEY GARTENSTEIN, J.

The enduring popularity of the Internal Revenue Service as a focus of protest during tax season highlights an intriguing issue of first impression: viz., when the appropriate District Attorney or Attorney-General declines to prosecute, does judicial approval of private prosecution confer prerogatives usually attached to representation of the People, including, as in this instance, the right to consent or withhold consent to an...

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