NY Exec L § 70-A (2021)
2021 New York Laws EXC - Executive Article 5 - Department of Law 70-A - Statewide Organized Crime Task Force.

§ 70-a. Statewide  organized  crime  task  force.  1.  There  shall be established within the department of law  a  statewide  organized  crime task force which, pursuant to the provisions of this section, shall have the duty and power:  (a)  To  conduct  investigations  and  prosecutions of organized crime activities carried on either between two or more counties of this  state or between this state and another jurisdiction;  (b)  To  cooperate  with and assist district attorneys and other local law enforcement officials in their efforts against organized crime.   2. Notwithstanding any other provision of law, the  governor  and  the attorney  general  may,  and  without civil service examination, jointly appoint and employ, fix his compensation,  and  at  pleasure  remove,  a deputy attorney general in charge of the organized crime task force. The attorney general may, and without civil service examination, appoint and employ, and at pleasure remove, such assistant deputies, accountants and other  persons  as  he deems necessary, determine their duties and, with the approval of the governor, fix their compensation.  The  payments  of salaries and compensation of such officers and employees shall be in the same manner as is prescribed in subdivision eight of section sixty-three of this chapter.   3.  The  deputy attorney general in charge of the organized crime task force may request and shall receive from the division of  state  police, the  state  department  of taxation and finance, the state department of labor, the temporary state commission of investigation, and  from  every department,  division,  board, bureau, commission or other agency of the state,  or  of  any  political  subdivision  thereof,  cooperation   and assistance  in  the  performance  of  his  duties.  Such deputy attorney general may provide technical  and  other  assistance  to  any  district attorney  or  other  local  law  enforcement  official  requesting  such assistance in the investigation or prosecution of organized crime cases.   4. The deputy attorney general in charge of the organized  crime  task force is empowered to conduct hearings at any place within the state, to administer  oaths  or  affirmations,  subpoena  witnesses,  compel their attendance, examine them under oath  or  affirmation,  and  require  the production  of  any  books,  records, documents or other evidence he may deem relevant or material to an investigation. He is empowered to  apply for  search  warrants  pursuant  to  article  six  hundred ninety of the criminal procedure law, and, except in exigent circumstances, shall give prior notice of the application to the district attorney of  the  county in  which  such  a warrant is to be executed, and in such circumstances, shall give such notice as  soon  thereafter  as  practicable;  provided, however, that the failure to give notice of a search warrant application to  a  district  attorney shall not be a ground to suppress the evidence seized in executing the warrant.   He  may  designate  an  assistant  to exercise  any  such  powers.  Every witness attending before such deputy attorney general or his assistant shall be examined  privately  and  the particulars  of  such examination shall not be made public.  If a person subpoenaed to attend upon such inquiry fails to obey the  command  of  a subpoena  without  reasonable  cause,  or if a person in attendance upon such inquiry shall, without reasonable cause, refuse to be sworn  or  to be  examined or to answer a question or to produce a book or paper, when ordered so to do by the officer conducting such  inquiry,  he  shall  be guilty of a class A misdemeanor.   5.  Upon  the  application of the deputy attorney general in charge of the organized crime task force, the supreme court or a  justice  thereof may  impound  any  exhibit  marked  in  evidence  in any hearing held in connection with an  investigation  conducted  by  such  deputy  attorney general,  and  may order such exhibit to be retained by, or delivered to  and placed in the custody of,  such  deputy.  When  so  impounded,  such exhibit  shall  not be taken from the custody of such deputy except upon further order of the court or a justice  thereof  made  upon  five  days notice to such deputy, or upon his application or with his consent.   6.  In  any hearing held in connection with an investigation conducted by the deputy attorney general in charge of  the  organized  crime  task force,  the  attorney general may confer immunity in accordance with the provisions of section 50.20 of the  criminal  procedure  law,  but  only after  affording the appropriate district attorney the opportunity to be heard in respect to any objections which he may have to the granting  of such immunity.   7. With the approval of the governor and with the approval or upon the request  of  the  appropriate  district  attorney,  the  deputy attorney general in charge of the organized crime  task  force,  or  one  of  his assistants, may attend in person any term of the county court or supreme court   having  appropriate  jurisdiction,  including  an  extraordinary special or trial term  of  the  supreme  court  when  one  is  appointed pursuant  to  section  one  hundred  forty-nine of the judiciary law, or appear before the grand jury thereof, for the purpose  of  managing  and conducting  in  such  court  or  before  such  jury a criminal action or proceeding concerned with an offense where any conduct  constituting  or requisite  to  the  completion of or in any other manner related to such offense occurred either in two or more counties of this state,  or  both within  and  outside  this  state.  In  such  case, such deputy attorney general or his assistant so attending shall exercise all the powers  and perform  all the duties in respect of such actions or proceedings, which the district attorney would  otherwise  be  authorized  or  required  to exercise  or perform. In any of such actions or proceedings the district attorney shall only exercise such powers and perform such duties as  are required of him by such deputy attorney general.