State of NY v. Wassell; Supreme Court, Appellate Div. No. KA 18-01593 (4/26/19)
In a case alleging unlawful possession and sale of “assault weapons” prosecuted directly by the state Attorney General, the court found the AG had no jurisdiction in the action:
“Here, the stipulated record on appeal does not establish that the Superintendent of State Police requested that the Attorney General prosecute this case. Indeed, there is no letter from the Superintendent in the record, nor is there any other showing in the record that a request came from the Superintendent himself. Because the People failed to establish that the Attorney General had authority to secure the indictment and prosecute the case, we conclude that the judgment must be reversed and the indictment dismissed....
It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law, the indictment is dismissed and the matter is remitted to Chautauqua County Court for proceedings.”