Opinion
March 28, 1994
Adjudged that the petition is granted, on the law, without costs or disbursements, the respondents are prohibited from enforcing the order disqualifying the office of the petitioner District Attorney, Kings County, from prosecuting the respondent Lawson Walters, and the temporary restraining order contained in the order to show cause dated January 21, 1994, is vacated.
We find, on the record before us, that the respondent Lawson Walters has failed to show the existence of any actual prejudice which would justify this intrusion by the judiciary upon the discretion of the District Attorney, Kings County, in the exercise of his prosecutional powers (see, Matter of Schumer v. Holtzman, 60 N.Y.2d 46, 55; Matter of Holtzman v. Hellenbrand, 130 A.D.2d 749, 751). Therefore, the petition is granted. Mangano, P.J., Thompson, Sullivan, Lawrence and Ritter, JJ., concur.