An appeals court dismissed charges against Kristopher Johnson of Whitney Point.
In 2005 his truck crashed into a car Route 26.
The other driver, Michael Hartman of Glen Aubrey, died.
Johnson was indicted for vehicular manslaughter and Driving While Intoxicated.
But the defense did not get the grand jury minutes for several months.
The court ruled that violated Johnson's right to a speedy trial.
The Broome District Attorney's office is appealing to the state's highest court.
Republican candidate, Mike Korchak, released a statement saying the people quote "...should expect that the DA's office is willing and able to file court documents in a timely manner so that the public is protected from people who act criminally or irresponsibly."
Korchak says he would review the status of all major criminal cases and grand jury proceedings.
Democrat District Attorney Gerald Mollen responded, saying he already does this.
But, he adds assistants should be expected to perform some duties without being told.
Mollen agreed the error is unacceptable, and said quote "Though this assistant has performed admirable work in many areas and many cases, he has been informed that if any similar error occurs in other cases, he will be fired."