Legal Opinion
McTootle v. Rice
Appellate Division of the Supreme Court of the State of New York
Decided March 31, 2009PublishedCited by 3 opinions
1Opinion of the Court
In a proceeding pursuant to CFLR article 78 in the nature of mandamus to compel Kathleen M. Rice, the District Attorney of Nassau County, to prosecute an alleged crime, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Mahon, J.), entered October 3, 2007, which denied the petition and dismissed the proceeding.
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 AD2d 703 [1994]; Matter of Hynes v…
2Cases cited4 opinions
- Mullen v. AxelrodNew York Court of Appeals · 1989
- Nieblas v. Kings County District AttorneyAppellate Division of the Supreme Court of the State of New York · 1994
- Hynes v. DemarestAppellate Division of the Supreme Court of the State of New York · 1994
- Milek v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by3 opinions
- Johnson v. CorbittAppellate Division of the Supreme Court of the State of New York · 2011
- Davis v. New York State Department of EducationAppellate Division of the Supreme Court of the State of New York · 2012
- Davis v. New York State Department of EducationAppellate Division of the Supreme Court of the State of New York · 2012