N.Y. PEN Law § 460.60 — New York Code / Act PEN / Part 4 / Title X / Article 460 / Section 460.60
Enterprise corruption; consent to prosecute
Status: in_force

§ 460.60 Enterprise corruption; consent to prosecute.\n  1. For purposes of this section, when a grand jury proceeding concerns\na possible charge of enterprise corruption, or when an accusatory\ninstrument includes a count charging a person with enterprise\ncorruption, the affected district attorneys are the district attorneys\notherwise empowered to prosecute any of the underlying acts of criminal\nactivity in a county with jurisdiction over the offense of enterprise\ncorruption pursuant to section 460.40 of this article, in which:\n  (a) there has been substantial and significant activity by the\nparticular enterprise; or\n  (b) conduct occurred constituting a criminal act specifically included\nin the pattern of criminal activity charged in the accusatory instrument\nand not previously prosecuted; or\n  (c) the particular enterprise has its principal place of business.\n  2. A grand jury proceeding concerning a possible charge of enterprise\ncorruption may be instituted only with the consent of the affected\ndistrict attorneys. Should the possibility of such a charge develop\nafter a grand jury proceeding has been instituted, the consent of the\naffected district attorneys shall be sought as soon as is practical, and\nan indictment charging a person with enterprise corruption may not be\nvoted upon by the grand jury without such consent.\n  3. A person may be charged in an accusatory instrument with enterprise\ncorruption only with the consent of the affected district attorneys.\nWhen it is impractical to obtain the consent specified in subdivision\ntwo of this section prior to the filing of the accusatory instrument,\nthen that consent must be secured within twenty days thereafter.\n  4. When the prosecutor is the deputy attorney general in charge of the\nstatewide organized crime task force, the consent required by\nsubdivisions two and three of this section shall be in addition to that\nrequired by subdivision seven of section seventy-a of the executive law.\n  5. Within fifteen days after the arraignment of any person on an\nindictment charging a person with the crime of enterprise corruption the\nprosecutor shall provide a copy of the indictment to those district\nattorneys whose consent was required pursuant to subdivision three of\nthis section, and shall notify the court and defendant of those district\nattorneys whose consent the prosecutor has secured. The court shall then\nreview the indictment and the grand jury minutes, notify any district\nattorney whose consent under subdivision one of this section should have\nbeen but was not obtained, direct that the prosecutor provide that\ndistrict attorney with the portion of the indictment and grand jury\nminutes that are relevant to a determination whether that district\nattorney is an "affected district attorney" within the meaning of\nsubdivision one of this section.\n  6. The failure to obtain from any district attorney the consent\nrequired by subdivision two or three of this section shall not be\ngrounds for dismissal of the accusatory instrument or for any other\nrelief upon motion of a defendant in the criminal action.\n  Upon motion of a district attorney whose consent, pursuant to\nsubdivision three of this section, the court determines was required but\nnot obtained, the court may not dismiss the accusatory instrument or any\ncount thereof but may grant any appropriate relief. Such relief may\ninclude, but is not limited to:\n  (a) ordering that any money forfeited by a defendant in the criminal\naction, or the proceeds from the sale of any other property forfeited in\nthe criminal action by a defendant, which would have been paid to the\ncounty of that district attorney pursuant to section thirteen hundred\nforty-nine of the civil practice law and rules had the forfeiture action\nbeen prosecuted in the county of that district attorney, be paid in\nwhole or in part to the county of that district attorney; or\n  (b) upon consent of the defendant, ordering the transfer of the\nprosecution, or any part thereof, to that district attorney or to any\nother prosecutor with jurisdiction over the prosecution, of the part\nthereof to be transferred. However, prior to ordering any transfer of\nthe prosecution, the court shall provide to those district attorneys who\nhave previously consented to the prosecution an opportunity to intervene\nand be heard concerning such transfer.\n  7. A district attorney whose consent, pursuant to subdivision three of\nthis section, the court determines was required but not obtained may\nseek the relief described in subdivision six of this section exclusively\nby a pre-trial motion in the criminal action based on the indictment\ncharging the crime of enterprise corruption. Such relief must be sought\nwithin forty-five days of the receipt of notice from the court pursuant\nto subdivision five of this section.\n