People v. Di Falco

The Special State Prosecutor’s office has obtained a two-count indictment from the Grand Jury of the Extraordinary Special and Trial Term of New York County charging defendant with official misconduct and conspiracy to commit official misconduct. After a grant of permission, the defendant has moved before this court (under Judiciary Law, § 149, subd 2) to dismiss the indictment.

The motion was made on the ground that the Special Prosecutor, under the warrant granted him by the Governor (Executive Order No. 55, 9 NYCRR 1.55, 2.1, 3.1) does not possess the jurisdiction to investigate or…