Prosecutorial discretion generally refers to the authority of a prosecuting officer or agency (United States Attorney or state District Attorney) to decide what if any criminal charges to bring against a person or persons, and what punishment or sentence to seek. Prosecutorial discretion may also be used by a police officer, for example, in deciding whether to issue a driver a speeding citation (ticket) or a warning.

Prosecutors generally have broad authority to make such decisions—subject to the right of the citizens to remove them from office, directly or indirectly, in the voting or election process.

In New York, prosecutorial discretion is the power vested in prosecuting officers, such as District Attorneys (DAs) and their assistants, to determine whether or not to bring criminal charges against an individual, and what specific charges to file. This discretion extends to decisions about what plea bargains to offer and what sentences to recommend to the court. Prosecutorial discretion is guided by factors such as the strength of the evidence, the seriousness of the offense, the criminal history of the accused, and the interests of justice. While this discretion is broad, it is not absolute and is subject to legal and ethical constraints. Prosecutors must operate within the bounds of the law and are accountable to the public through the electoral process. In New York, as in other states, the exercise of prosecutorial discretion is subject to review by the courts to ensure it does not infringe on an individual's constitutional rights. Additionally, police officers in New York also have a form of prosecutorial discretion when deciding whether to issue citations or warnings for minor offenses.