Does a section of the New York State Criminal Code offer wide prosecutorial discretion to prosecute a defendant who has committed a similar crime but has not committed the same crime?

At the outset, it bears comment that the fact that a statute offers wide prosecutorial discretion does not render it unconstitutional (People v. Eboli, 34 NY2d 281 [1974]). It is well established that, in the absence of legislative intent to the

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contrary, "overlapping in criminal statutes, and the opportunity for prosecutorial choice they represent, is no bar to prosecution"(Id. at p. 287 (internal citations omitted)). This is true "[d]espite . . . the concomitant opportunity for choice by the District Attorney, prosecution for the higher crime [is] permissible (Id., citing People v. Lubow, 29 NY2d. 58, 67 [1971]).