Can a defendant who has not been prosecuted by the District Attorney's office complain of unfairness in his trial?

[78 Misc.2d 629] Similarly, the court in People v. Lanni, 10 Misc.2d 42, 168 N.Y.S.2d 35 (County Ct., Monroe County, 1957), decided, in a case in which the defendant was convicted of a violation of the Vehicle and Traffic Law, that he could not complain of unfairness in the trial where he had not been prosecuted by the District Attorney's office, since a defendant does not have the right to choose his prosecutor. In People v. Montgomery, 7 Misc.2d 294, 296, 166 N.Y.S.2d 455, 457 (Ct. of Special Sessions of City of New York, Richmond County, 1957), the defendant was charged with violating a section of the Sanitary Code of the City of New York. According to a unanimous court, the corporation counsel could properly prosecute rather than the District Attorney in that it 'is difficult to see what harm may be caused to defendant or how she may be prejudiced . . ..'