Opinion
November 28, 1994
Appeal from the Supreme Court, Kings County (Gerges, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The appellant, who was convicted of various counts of criminal sale of a controlled substance after a jury trial, sought to compel the Kings County District Attorney to prosecute for perjury police officers who testified at his trial and at a suppression hearing. The Supreme Court dismissed the proceeding.
It is well-settled that the decision whether to prosecute is entrusted to the sole discretion of the District Attorney (see, Matter of Holtzman v. Hellenbrand, 130 A.D.2d 749; see also, People v. Di Falco, 44 N.Y.2d 482; Johnson v. Town of Colonie, 102 A.D.2d 925; People v. Mackell, 47 A.D.2d 209, affd 40 N.Y.2d 59; Matter of Hassan v. Magistrate's Ct., 20 Misc.2d 509). Therefore, the dismissal of the proceeding was proper. Miller, J.P., O'Brien, Joy and Krausman, JJ., concur.