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Occupy Albany protestors at center of court case

ALBANY -- The squabble over prosecuting four Occupy Albany protestors is now in the hands of the Appellate Division of the State Supreme Court.

On Friday four judges heard both sides give arguments.

An attorney for Albany City Court Judge, William Carter, argued Albany County District Attorney David Soares should have to give a legal explication as to why he is not prosecuting four people arrested in June of 2012. The four were charged with disorderly conduct and resisting arrest.

The district attorney has said from the beginning he will not prosecute any "peaceful protestors", said Chris Horn, who represented Soares in court Friday.

"We have discretion in who we prosecute", Horn said.

However, Judge Carter would like a more legal explanation given to the court, said James Knox, an attorney representing Judge Carter.

"The public is entitled to a record as to why their duly elected district attorney has decided to give up on a case that they initially thought had merit," Knox said.

The Appellate Division of the State Supreme Court is expected to make a decision within a few weeks.