ALBANY - A criminal prosecutor will review reports from the attorney general and inspector general about a scheme involving two of the governor's top aides who used state police to track a political rival.

Although Attorney General Andrew Cuomo found no crimes were committed, Albany County District Attorney P. David Soares' decision to review the actions of Gov. Eliot Spitzer and his staff means a prosecutor with the power to subpoena those involved and convene a grand jury is evaluating the case.

Spitzer has denied all involvement and agreed to testify before the state Ethics Commission about what he knew of the scheme to track the whereabouts of Senate Republican leader Joseph Bruno during a campaign to smear the governor's political rival.

“We are currently gathering relevant information from all involved parties including the materials that led the attorney general and the inspector general to conclude that no laws were broken,” Soares said Wednesday in a written statement. “In adhering to our process, we will conduct a dispassionate review of all relevant information. All decisions must be supported by credible evidence.

“It must be remembered that while certain conduct may appear unethical or even immoral, the only issue for our consideration is to determine whether the conduct is of such regard that criminal liability can be assessed.”

Spitzer suspended Communications Director Darren Dopp without pay and transferred public safety deputy William Howard out of the governor's office after Cuomo's office brought the matter to light July 23.

“While both the attorney general and the inspector general have found no illegal conduct, we respect District Attorney Soares' constitutional authority to make this determination, and his process for doing so,” Spitzer spokeswoman Christine Anderson said Wednesday in a written statement.

Meanwhile, Spitzer was visiting a metal works factor in Rochester Wednesday. He said the political battles in Albany are just part of public service.

“You know it going in,” Spitzer said. “I welcome it, I accept that. What I get to do for the public gives me and my family the satisfaction that so far outweighs any other factor.

Bruno had called Tuesday for the case to be referred to the state Investigation Commission or possibly to Soares.

Soares investigated former state Comptroller Alan Hevesi, who resigned in disgrace and pleaded guilty to a felony for using state employees as drivers and companions for his wife.

The plea resulted in no jail time.