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Following an eight-month trial, the jury retired to consider the charges on 11 June.
But the agency decided to proceed, one person said, holding a special meeting with the agency's five commissioners to consider the charges.
The man, Derrick C. Strothers, 38, was allowed to remain free on $100,000 bail, and officials said a grand jury would consider the charges.
The director of public prosecutions will now consider the charges brought in the US against Gary McKinnon and assess whether he should prosecuted in this country, perhaps under the Computer Misuse Act.
At a news conference he called to address criticisms of his handling of the case, Mr. Johnson also said the justice system broke down when an appeals court ordered the case moved to Albany, and he faulted the judge's instructions to the jury on how to consider the charges.
"I consider the charges that have been brought to be very serious, and after hearing from the chief of police and the supreme state attorney, I am coming to the conclusion that they are based on sufficient evidence.
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It's unclear how the agreement will affect a special hearing of NBA owners planned for Tuesday in New York to consider the charge against Donald Sterling for damaging the league with his comments.
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CEO of Professional Science Editing for Scientists @ prosciediting.com