New York Consolidated Laws
N.Y. General Business Law § 358 (2026)
Criminal prosecution
✓ current as of May 2026
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§ 358. Criminal prosecution. The attorney-general may prosecute every person charged with the commission of a criminal offense in violation of the laws of this state, applicable to or in respect of the practices or transactions which in this article are referred to as fraudulent practices. In all such proceedings, the attorney-general may appear in person or by his deputy before any court of record or any grand jury and exercise all the powers and perform all the duties in respect of such actions or proceedings which the district attorney would otherwise be authorized or required to exercise or perform; or the attorney-general may in his discretion transmit evidence, proof and information as to such offense to the district attorney of the county or counties in which the alleged violation has occurred, and every district attorney to whom such evidence, proof and information is so transmitted shall forthwith proceed to prosecute any corporation, company, association, or officer, manager or agent thereof, or any firm or person charged with such violation. In any such proceeding, wherein the attorney-general has appeared either in person or by deputy, the district attorney shall only exercise such powers and perform such duties as are required of him by the attorney-general or the deputy attorney-general so appearing.
Notes of Decisions
Cited in 10
cases, 1970–2013 · leading case: Della Pietra v. State, 526 N.E.2d 1 (N.Y. 1988).
Della Pietra v. State, 526 N.E.2d 1 (N.Y. 1988). “, General Business Law §§ 358, 692; Executive Law § 70-a), has no power to prosecute criminal actions (see, Matter of B.”
Haggerty v. Himelein, 677 N.E.2d 276 (N.Y. 1997). “…criminal offenses, with or without direction from the Governor (see, e.g., Executive Law § 70-a [7]; ECL 71-2105 [4]; General Business Law §§ 358, 692; Real Property Law § 442-e [2]; § 446-h [2]). Had the Attorney-General’s office asserted authority in this local criminal…”
People v. Miran, 107 A.D.3d 28 (N.Y. App. Div. 2013). “General Business Law §§ 358, 692; Executive Law § 70-a).”
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Cavicchia, 311 F. Supp. 149 (S.D.N.Y. 1970). “, General Business Law § 358), prosecute defendants criminally for their fraudulent conduct is not here.”
People v. Lurie, 249 A.D.2d 119 (N.Y. App. Div. 1998). “The Legislature has endowed the Attorney-General with the dual responsibilities of reviewing cooperative conversion plans (General Business Law § 352-e), and also prosecuting civil and criminal violations of the Martin Act (General Business Law § 358).”
Haggerty v. Himelein, 221 A.D.2d 138 (N.Y. App. Div. 1995). “, General Business Law §§ 358, 692; Executive Law § 70-a), has no power to prosecute criminal actions” (Della Pietra v State of New York, supra, at 796-797; see also, Matter of B.”
People v. Ifill, 127 Misc. 2d 678 (N.Y. Sup. Ct. 1985). “” General Business Law § 358 provides that the “attorney-general may prosecute * * * or the attorney-general may in his discretion transmit evidence, proof and information as to such offense to the district attorney * * * and every district attorney to whom such evidence * * *…”
People v. Thomas, 134 Misc. 2d 649 (N.Y. Sup. Ct. 1986). “” General Business Law § 358 *651 empowers the Attorney-General to prosecute violations of section 352-c (6).”
People v. Ferone, 167 Misc. 2d 1022 (1996). “The District Attorney does not dispute that the Attorney-General’s broad power to regulate, investigate and enforce is exclusive to the Attorney-General.”
People v. Miran, 107 A.D.3d 28 (N.Y. App. Div. 2013). “General Business Law §§ 358, 692; Executive Law § 70-a).”
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