Former Chief Judge Judith Kaye has released her long-awaited report on Gov. David Paterson’s Yankees World series tickets case, determining “evidence indicates at a minimum the above-described portions of the governor’s testimony before (Public Integrity) Commission staff were inaccurate and misleading.”

As a result, Kaye has suggested that Albany County David Soares, who has been simultaneously reviewing this case, should consider criminal charges against Paterson. The pertinent passage:

“The evidence developed in the OAG’s investigation under the Independent Counsel warrants consideration of possible criminal charges by the District Attorney, who will make the ultimate decision regarding whether or not charges should be brought.”

“Under New York law, the Albany County District Attorney has original and ultimate responsibility for prosecutorial decisions regarding crimes and offenses arising in Albany County. A multitude of factors may be considered by the District Attorney in his exercise of prosecutorial discretion regarding whether or not to pursue charges in this matter.”

As for the backdated checks that Paterson wrote to cover the costs of the two tickets he secured for his son and his son’s friend (at $425 a pop; recall that the governor never paid for his own ticket, arguing he attended the game in a professional capacity), Kaye failed to find evidence of falsification and therefore is not recommending any criminal charges.

In addition, Kaye’s probe “revealed unclear and problematic policies at the Executive Chamber related to ticket acquisition that warrant attention.”

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