N.Y. General Business Law Section 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.

Source: Section 358 — Criminal prosecution, https://www.­nysenate.­gov/legislation/laws/GBS/358 (updated Sep. 22, 2014; accessed Nov. 29, 2025).

352
Investigation by attorney-general 352–A
Foreign corporation to make designation 352–B
Non-resident brokers, dealers, salesmen and investment advisors 352–C
Prohibited acts constituting misdemeanor 352–D
Effect of prosecution under previous section 352–E
Real estate syndication offerings 352–EE
Conversion of non-residential property to residential cooperative or condominium ownership 352–EEE
Conversions to cooperative or condominium ownership in certain cities, towns and villages located in the counties of Nassau, Westchester ... 352–EEEE
Conversions to cooperative or condominium ownership in the city of New York 352–EEEEE
Conversions to condominium ownership for the preservation of expiring affordable housing in the city of New York 352–F
Description of realty bonds 352–G
Exemptions 352–H
Trust funds 352–I
Injunctive relief 352–J
Application of article 352–K
Broker dealer minimum capital requirements 352–L
Cooperative corporations 353
Action by attorney-general 353–A
Receivers 354
Examination of witnesses and preliminary injunction 355
Procedure on hearing 356
Powers of referee 357
Application of provisions of civil practice law and rules 358
Criminal prosecution 359
Immunity 359–A
Appointment of deputies 359–B
Effect of unconstitutionality of part of article 359–C
Publication of state notices 359–E
Definitions 359–EE
Report of existence 359–EEE
Definitions 359–F
Exemptions from certain provisions of section three hundred fifty-nine-e 359–FF
Registration of intra-state offerings 359–FFF
Chain distributor schemes prohibited 359–G
Violations and penalties 359–H
Destruction of certain records, books and other data by the attorney-general
Green check means up to date. Up to date

Verified:
Nov. 29, 2025

Last modified:
Sep. 22, 2014

§ 358. Crim. prosecution's source at nysenate​.gov

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