WNYT.com

Court of Appeals sides with Soares

Posted at: 11/27/2012 1:05 PM
Updated at: 11/27/2012 5:48 PM
By: AP

ALBANY, N.Y. (AP) - Albany County District Attorney David Soares, who targeted a Florida pharmacy while investigating online sales of steroids and other drugs, can keep the case.

That's according to the New York Court of Appeals, which says a state judge exceeded his authority when he dismissed Soares' fifth indictment of Signature Pharmacy of Orlando and barred his office from continuing.

Albany County Judge Stephen Herrick cited "demonstrable potential for prejudice" since Soares' was being sued by Signature in a federal court in Florida. He appointed a special prosecutor instead.

New York's top court says Tuesday there are only narrow circumstances where an elected DA can be replaced, generally requiring a showing of "actual prejudice."

The court notes the pharmacy's federal constitutional claims have been dismissed.

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