New York Consolidated Laws, General Business Law - GBS § 347. 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 referred to in this article.  In any such prosecution by the attorney general or a district attorney hereunder, the provisions of section three hundred ninety-nine, of the code of criminal procedure[FN1] shall not be applicable.  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.  A district attorney shall give reasonable notice to the attorney general of intention to prosecute under this article and the attorney general may appear in any criminal proceeding brought under this article.  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.

[FN1]

 Repealed.  See now CPL 60.22.





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