He remained in office until August 1919 when he resigned to resume his private practice as a partner in Banton, Ferguson & Moore.
appointed Banton in January 1921, and during most of the year acted as District Attorney while Swann remained out-of-state.
In November 1921, Banton was elected on the Tammany Hall ticket New York County District Attorney, defeating the "Coalition" candidate John Kirkland Clark.
On taking office in January 1922, Banton appointed Ferdinand Pecora as his Chief Assistant D.A.
[1] His office investigated the murder of Arnold Rothstein and prosecuted George "Hump" McManus, who was acquitted.