People v. Nelson

In People v. Nelson (167 Misc 2d 665 [Crim Ct, Kings County 1995]), the court denied an application to remove a District Attorney whose office had earlier unsuccessfully prosecuted the defendant for murder and who had petitioned the United States Attorney General for an investigation which led to federal charges against the defendant for the same conduct that had formed the basis of the state charges on which the defendant had been acquitted. While the case against defendant was unrelated to the prior incident, defendant maintained that the District Attorney had indicated that he would not offer defendant a plea bargain and that the District Attorney was engaging in an overzealous prosecution. The court viewed defendant's argument as asserting that, because the District Attorney had been stung by adverse comment over the handling of the prior prosecution, the District Attorney was seeking retribution for the prior acquittal and personal political gain. The Nelson court denied disqualification, finding that there was no evidence that the present prosecution was proceeding in bad faith and that, even assuming the truth of defendant's assertions, there was no actionable conflict of interest (People v. Nelson, 167 Misc 2d at 672-673). Further, there is no right to plead to a reduced charge and the District Attorney has discretion to offer or deny plea agreements (other than a plea to the entire accusatory instrument) (id. at 675).