NY Court of Appeals upholds decision that special prosecutor wrongly appointed in Orleans

Anthony Bruce, former federal prosecutor, didn’t reside in Orleans or adjoining county

The case against a Medina man who served two years of incarceration has been dismissed after the state’s highest court ruled the special prosecutor in the case was wrongly appointed.

Anthony Bruce, a former federal prosecutor for 38 years, was named a special prosecutor in a case against Dina Callara of Medina, who was charged with grand larceny for allegedly improperly selling a vehicle that was given to him for repairs and then keeping the proceeds. He was ordered to pay $3,800 in restitution to the owner of the vehicle.

Joe Cardone, the district attorney at the time, recused himself from the case due to a relationship with the alleged victim.

Orleans County Court Judge Sanford Church appointed Bruce of Orchard Park as the special prosecutor.

The State of New York Court of Appeals stated in a decision on October 16 that it is undisputed that Bruce did not have an office or reside in Orleans County or any adjoining county, therefore not meeting the residency requirement.

Callara was convicted of a jury of grand larceny in the fourth degree and two counts of petit larceny on Feb. 22, 2022. He served 24 months of incarceration in the county jail and state prison. Callara didn’t raise the issue of an improperly appointed prosecutor until after the conviction and Callara’s attorney filed an appeal.

The Supreme Court of the State of New York Appellate Division, Fourth Judicial Department issued a decision on July 26, 2024, agreeing with Callara and his attorney, Kerry A. Conner, that the case should be dismissed.

While Bruce lives in Erie County, he has listed 39 Ellicott St. in Batavia, Genesee County, as an office. Genesee is contiguous to Orleans. But Callara’s lawyers argued Bruce wasn’t using that site as an office and sent correspondence to Callara from Erie County.

The District Attorneys Association of the State of New York, as amicus curiae or “friend of the court,” argued that it can be difficult to find qualified attorneys who are willing and able to serve as special district attorney, particularly in rural counties. And many rural counties border other rural counties, the DAs association said.

The Appellate Court – in a decision written by Shirley Troutman, Associate Judge of the Court of Appeals – said it’s up to the State Legislature to determine if the statute should be amended to accommodate the challenges faced by rural counties in appointing special prosecutors.