For the past few nights, state police have arrested Occupy Albany protesters who crossed over from city land, where they are allowed to camp, to state land, where they are forbidden after 11 pm.  The Albany County DA David Soares has so far refused to prosecute those arrested, a stance that Governor Cuomo admits he’s not happy about.

“It’s less than ideal, but, I understand it, “said Cuomo. “And we’ll continue to monitor the situation here."

Cuomo would not rule out appointing a special prosecutor to supersede the DA’s authority at some point in the future. Busloads of Occupy protesters from around the state plan to descend on the State Capitol on Thursday.  They will hold a rally in the encampment on city land, then march to the state government buildings.