People v. Rosenberg

OPINION OF THE COURT

Gabrielli, J.

The People appeal by permission of an Associate Judge of this court from an order of the Appellate Division granting defendant’s motion, purportedly made pursuant to subdivision 2 of section 149 of the Judiciary Law, seeking to prohibit the Special Prosecutor from continuing the prosecution of defendant Rosenberg for attempted grand larceny in the second degree. For the reasons discussed below, there should be a reversal and a denial of the motion.

The investigation which culminated in this prosecution began when the Special Prosecutor received information…