A prosecutor appointed by Governor George Pataki (R-NY) determined Saturday there is enough evidence to remove NYS Comptroller Alan Hevesi from office for using a state employee to chauffeur his wife.

Former U.S. Attorney David Kelley says "there was a knowing and intentional violation of the law by the comptroller, legally sufficient to justify a recommendation of removal.? Jay Jacobs, head of the Nassau County Democrats says it should be up to the voters on Election Day to decide if Hevesi should remain in office. State Senator Michael Balboni (R-East Williston) concurs with Jacobs. However, Balboni says Hevesi compromised his office and undermined his credibility.

In his report, Kelley said he is not in a position at this time, to proceed with a recommendation for Hevesi's removal.