ALBANY – A judge “exceeded his authority” when he removed Albany County’s district attorney from prosecuting the alleged criminal prescription of steroids, a divided appellate court ruled yesterday.
A 3-2 panel of the Appellate Division, Third Department, ruled in Soares v. Herrick, 511105, that Albany County Court Judge Stephen W. Herrick (See Profile) erred by granting a writ of prohibition and taking the case out of the hands of District Attorney P. David Soares and giving it to a special prosecutor, local lawyer William Fanciullo.
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