In what circumstances will a criminal conviction be set aside because the complaining witness was allowed to conduct the prosecution?

2 "It is difficult to reconcile the Holding of People v. Van Sickle that a conviction would not be set aside because the complaining witness was allowed to conduct the prosecution, with the statement in the majority opinion that the District Attorney must appear either in person in all prosecutions or by public officers or private attorneys With his consent." (78 Misc.2d at 424-425, 355 N.Y.S.2d at 988). (Emphasis by the court).

3 If the District Attorney had disapproved of this proceeding, a different question would be presented.