1996-31
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Cite as N.Y. Op. Att'y Gen. No. 1996-31
COUNTY LAW § 700(1); VILLAGE LAW § 20-2006(2).
The district attorney is not required to prosecute
violations of village local laws.
September 19, 1996
Anthony J. Geraci, Esq.
Informal Opinion
Village Attorney
No. 96-31
Village of Penn Yan
315 Main Street
Penn Yan, NY 14527-0384
Dear Mr. Geraci:
You have asked, in the event that the board of trustees of a
village does not authorize the village attorney, code enforcement
officer or other village officers to prosecute violations of
village laws and regulations, whether the district attorney is
required to prosecute these violations.
The district attorney has responsibility to conduct
prosecutions of crimes and offenses occurring within the county.
County Law § 700(1). It has been recognized, however, that the
district attorney and his assistants need not personally
prosecute every offense committed within their jurisdiction.
People v Van Sickle, 13 NY2d 61 (1963); People v Czajka, 11 NY2d
253 (1962). To fulfill his prosecutorial responsibility, the
district attorney can make arrangements whereby he knows of all
prosecutions in the county and consents to appearances on his
behalf. People v Van Sickle, supra; 1979 Op Atty Gen 28; 1979
Op Atty Gen (Inf) 245. Thereafter, "[p]etty crimes and offenses"
may be prosecuted, for example, by local officers, municipal
attorneys, police officers and private attorneys. People v
Van Sickle, supra; People v Czajka, supra; 1979 Op Atty Gen 28.
We note that section 20-2006(2) of the Village Law
authorizes the board of trustees of a village to grant to a
village attorney or other attorney the responsibility to
prosecute violations of village regulations and authorizes
reasonable compensation for this service. Informal Opinion
No. 86-61.
The prosecution of violations of local regulations by local
officials and others may be necessitated by the limited resources
of the district attorney's office. The district attorney has
wide discretion in the prosecution of offenses occurring within
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the county and may determine that effective use of his or her
office's resources does not permit prosecution of local
regulations by assistant district attorneys. 1958 Op Atty Gen
117, 119. The resources of the district attorney's office may be
fully required in the investigation and prosecution of serious
offenses occurring within the county. Under these circumstances,
it may be necessary to rely upon local officials, such as
municipal attorneys, to prosecute violations of local regulations
of a particular municipality.
We conclude that the district attorney is not required to
prosecute violations of village local regulations. The district
attorney may determine, in consideration of available office
resources, that it is necessary to concentrate on prosecution of
serious crimes.
The Attorney General renders formal opinions only to
officers and departments of State government. This perforce is
an informal and unofficial expression of the views of this
office.
Very truly yours,
JAMES D. COLE
Assistant Attorney General
in Charge of Opinions