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MATTER OF McTOOTLE v. RICE

60 A.D.3d 1068 (2009)

875 N.Y.S.2d 811

In the Matter of ROSCHETTE R. McTOOTLE, Appellant, v. KATHLEEN M. RICE, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 31, 2009.

Ordered that the judgment is affirmed, with costs.

It is well settled that the decision whether to prosecute is entrusted to the sole discretion of the District Attorney (see Matter of Nieblas v Kings County Dist. Attorney, 209 A.D.2d 703 [1994]; Matter of Hynes v Demarest, 202 A.D.2d 669 [1994]; see also People v Di Falco, 44 N.Y.2d 482

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