Legal Question in Criminal Law in New York

Prosecutor/employee

Hello

I have a three-part legal question.

1) Let's say a New York prosecutor has hired a domestic employee, and then later learns that her son is directly involved in money-laundering, and the prosecutor that she works for has been assigned to handle the case, how would the prosecutor go about handling the potentially volatile situation?

2) Should the prosecutor dismiss her because of conflict of interest, (although she is completely innocent), and if he does, will she have grounds for a law suit later?

3) If the prosecutor keeps her on, how should he handle the press if they get wind of it?

Thank you,


Asked on 4/07/08, 11:42 am

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Prosecutor/employee

The prosecutor will move to recuse himself from the case. He will have a special outside counsel (often a prominent attorney in the community or a fellow prosecutor from another county) appointed.

Whether he fires the mother is an answer only he can give. I can she where she might have a suit, but by the same token she is an at-will employee and can be fired at any time for any reason, hence I doubt she will succeed in her action.

Good luck.

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Answered on 4/07/08, 2:20 pm


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