Former New York State Assemblyman Alec Brook-Krasny is escorted to his arraignment in Manhattan on Thursday, April 13, 2017. Former New York State Assemblyman Alec Brook-Krasny is escorted to his arraignment in Manhattan on April 13, 2017.

A Manhattan judge dismissed the final charges against former New York State Assembly member Alec Brook-Krasny during a hearing Monday, finding that she had no jurisdiction over alleged misdemeanor commercial bribery committed in Brooklyn.

In 2017, when the city's Office of the Special Narcotics Prosecutor announced a raft of charges connected with Brooklyn medical clinics alleged to have illegally distributed opioids, Brook-Krasny was charged with conspiracy and health care fraud, among other offenses. A second indictment arrived months later, charging Brook-Krasny with commercial bribery.

After a trial this summer, he was found not guilty of the first group of charges, but the jury failed to reach a verdict on the commercial bribery charges. Brook-Krasny has said he's innocent of all the charges.

Brook-Krasny's attorneys, James McGovern and Jonathan Coppola of Hogan Lovells, filed a motion to dismiss, arguing that the special prosecutor's office lacked jurisdiction to prosecute the bribery charges. Brook-Krasny wasn't accused of any crime in New York County, they wrote, and he was no longer accused of a narcotics crime.

The special narcotics prosecutor's office has jurisdiction over narcotics-related offenses across the city and any offense that can be properly joined with a narcotics offense, Assistant District Attorney Tess Cohen wrote in a reply to the motion.

Cohen argued that a judge had consolidated the two indictments in 2018 and the subsequent acquittal did not invalidate the joinder of the indictments.

According to a transcript of Monday's hearing, Justice Ann Scherzer disagreed.

"I don't see any way that this court has jurisdiction over a crime that was completed entirely in another borough," she said. "And I understand the people's argument regarding that at one point they were appropriately joined, but that's not the situation now."

Scherzer invited the prosecutors to turn the case over to the Brooklyn District Attorney's Office. A spokeswoman for the Office of the Special Narcotics Prosecutor declined to comment on whether the case is being referred, and a spokesman for the Brooklyn District Attorney's Office did not respond to the question.

McGovern also told Scherzer that a key cooperating witness lied in his testimony, asking her to issue a voluntary dismissal.

Cohen said her office would investigate the perjury claims. Scherzer, who was not the trial judge, said she assumed the special narcotics prosecutor would not refer the case to the Brooklyn DA unless Cohen and her colleagues felt it was merited.

A spokesman for the Brooklyn DA's office says the case has not been referred to Kings County prosecutors.

Meanwhile, Brook-Krasny is seriously considering civil litigation in connection with this case, McGovern said in an interview.

"He's very disappointed with the way this entire process unfolded," McGovern said.

The Office of the Special Narcotics Prosecutor was created by the state Legislature in 1971 amid a heroin epidemic. The special narcotics prosecutor is appointed by the city's five district attorneys; current Special Narcotics Prosecutor Bridget Brennan was appointed in 1998.

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