Capital District News
4:48 pm
Tue November 27, 2012

NY court says prosecutor can keep steroid case

P. David Soares
Credit WAMC Photo by Dave Lucas

An upstate New York prosecutor who targeted a Florida pharmacy while investigating online sales of steroids and other drugs can keep the case. WAMC's Dave Lucas reports.

The New York Court of Appeals says a state judge exceeded his authority when he dismissed Albany County District Attorney P. David 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.

Copyright 2012 The Associated Press.