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PEOPLE v. GILMOUR

98 N.Y.2d 126 (2002)

773 N.E.2d 479

746 N.Y.S.2d 114

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. THOMAS GILMOUR, Respondent.

Court of Appeals of the State of New York.

Decided May 2, 2002.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Robin A. Forshaw, Caitlin J. Halligan and Michael S. Belohlavek of counsel), for appellant.

Michelle Fox, Brooklyn, and Andrew C. Fine for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and GRAFFEO concur.

OPINION OF THE COURT

ROSENBLATT, J.

On this appeal, we must determine when the Attorney General may undertake prosecution of a criminal case pursuant to Executive Law § 63 (3). Most criminal prosecutions are conducted by District Attorneys, who are authorized to prosecute "crimes and offenses cognizable by the courts of the count[ies]" in which they serve (County Law § 700 [1]). The District Attorney...

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