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New York General Business - Article 23-A - § 358 Criminal Prosecution

Legal Research Home > New York Laws > New York General Business (GBS) > New York General Business - Article 23-A - § 358 Criminal Prosecution

 
    §  358. Criminal prosecution. The attorney-general may prosecute every
  person charged with the commission of a criminal offense in violation of
  the laws of this state, applicable to or in respect of the practices  or
  transactions  which  in  this  article  are  referred  to  as fraudulent
  practices. In all such proceedings, the attorney-general may  appear  in
  person or by his deputy before any court of record or any grand jury and
  exercise  all  the  powers and perform all the duties in respect of such
  actions or proceedings which the district attorney  would  otherwise  be
  authorized  or  required to exercise or perform; or the attorney-general
  may in his discretion transmit evidence, proof  and  information  as  to
  such offense to the district attorney of the county or counties in which
  the  alleged violation has occurred, and every district attorney to whom
  such evidence, proof and information is so transmitted  shall  forthwith
  proceed  to prosecute any corporation, company, association, or officer,
  manager or agent thereof, or  any  firm  or  person  charged  with  such
  violation.  In  any  such  proceeding,  wherein the attorney-general has
  appeared either in person or by deputy, the district attorney shall only
  exercise such powers and perform such duties as are required of  him  by
  the attorney-general or the deputy attorney-general so appearing.

Last modified: February 16, 2012