- Associated Press - Friday, May 8, 2015

ALBANY, N.Y. (AP) - New York’s highest court says it’s up to the district attorney, not a city judge, to decide whether or not to prosecute protesters charged with disorderly conduct in support of the Occupy Albany movement.

The Court of Appeals says under the doctrine of separation of powers, “courts lack the authority to compel the prosecution of criminal actions.”

Lower courts in this case also held the city court judge went too far in saying he could use his powers to find prosecutors in contempt if they didn’t call witnesses and participate.

The four protesters were arrested by Albany police in 2012.

District Attorney P. David Soares offered them six-month adjournments in contemplation of dismissal, which Judge William Carter declined to accept without community service, which the defendants rejected.

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