When will the District Attorney decide whether to proceed with criminal charges or to proceed on a felony complaint?
"New York", United States of America
The following excerpt is from People v. Searles, 135 Misc.2d 881, 517 N.Y.S.2d 370 (N.Y. City Ct. 1987):
The decision as to which path to follow, and which risks to assume, is completely a matter of discretionary judgment with the District Attorney. People v. Galak, 114 Misc.2d 719, 452 N.Y.S.2d 795 (1982). In this case, he chose to proceed on felony complaints, and to submit to a preliminary hearing.
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