New York Court of Appeals

People v. Callara

October 16, 20252025 NY Slip Op 05739

Summary

The Court held that County Law § 701’s residency requirement for a special district attorney is a non‑waivable jurisdictional prerequisite, so the appointment of an attorney who did not reside in or have an office in the county or an adjoining county was beyond the court’s authority and required dismissal of the indictment; the appellate division’s order was affirmed.