Yates County District Attorney Todd Casella has been appointed as the prosecutor in the DWI case involving State Assembly Minority Leader Brian Kolb. 

Casella says Kolb will be treated the same as any other person.

Spectrum News spoke with Ontario County District Attorney James Ritts who says they wanted to make sure there was no conflict of interest. He says he’s worked with Kolb on projects in the community dealing with drug court and addressing the opioid crisis.

"We want to be transparent, we want to be open, and we want to make sure people can look at it and say you know what he got the same disposition as everybody else would get in his circumstance," said Ritts. "Nobody can look at it and say well the DA gave him a break because I'm not going to be the DA."

Kolb was arrested New Year's Eve after his state-issued SUV was found in a ditch near his home on County Road 41 in Victor. Deputies say he had a blood-alcohol level above .08. 

He was later charged and released. Kolb is due back in Victor Town Court on January 16.