NY Cty L § 825 (2021)
2021 New York Laws CNT - County Article 23 - Provisions Applicable to Certain Counties 825 - District Attorneys in Certain Counties.

§ 825. District attorneys in certain counties.  The district attorneys   of  Erie,  Monroe  and Onondaga counties may each appoint in and for his   county, in the manner provided in section  seven  hundred  two  of  this   chapter  and  with  like  powers,  such number of assistants as shall be   fixed and determined by resolution of the board of supervisors.  All  of   the  persons  so appointed shall be called assistant district attorneys.   Each of said assistant district attorneys shall receive such  salary  as   shall be fixed and determined by said board of supervisors. The district   attorney  shall  designate  in  the order appointing such assistants the   salary which each of such assistants shall receive, subject, however, to   the  limitations  prescribed  by  such  resolution  of  the   board   of   supervisors.    Said  assistants shall severally take the constitutional   oath of office before entering upon the duties thereof; and the district   attorney shall be responsible for their acts. Said district attorney may   designate, in writing, to be filed in the office of the  clerk  of  said   county, one of his said assistants to be the acting district attorney in   the  absence  from  said  county  or  other  inability  of said district   attorney; and the assistant so designated shall, during such absence  or   inability  of  said district attorney, perform the duties of the office.   Such designation may be revoked by said district attorney in writing, to   be filed and recorded in the office of the county  clerk.  The  district   attorney  of Monroe county and his assistants shall conduct, on the part   of the people, all preliminary examinations in the police court  of  the   city  of  Rochester, and subject to the right of a complainant to appear   personally or by attorney, all other prosecutions for crime therein; and   may conduct prosecution therein for violations of the  penal  ordinances   of  said  city,  and appeals therefrom and in such event one-half of the   salary of such first assistant shall  be  a  charge  upon  the  city  of   Rochester  and  assessed back upon said city by the board of supervisors   of Monroe county except that the Monroe county Board of Supervisors  may   by  resolution  make  such charge a general county charge to be borne by   the entire county of Monroe; but the corporation counsel  of  said  city   shall  have  the  power  to prosecute any person for the violation of an   ordinance and to conduct proceedings therefor, or an  appeal  therefrom.   The  district  attorneys  of  the counties of Erie and Onondaga may also   appoint a person to act as interpreter at  all  sessions  of  the  grand   juries  of  such counties and of the city of Buffalo, whose compensation   shall be fixed by the court in and for which  such  grand  jury  may  be   impaneled. The district attorney of the county of Monroe, whenever he is   authorized  so  to  do  by  the board of supervisors of such county, may   appoint necessary interpreters who shall  act  as  interpreters  at  all   sessions of the grand jury in such county and for all county departments   except  the  courts.  The district attorneys of the counties of Erie and   Monroe shall each be entitled to receive, in addition to  their  salary,   all  costs  collected  by them in actions and proceedings prosecuted and   defended by them. The county judge, or the special county judge, of  the   county of Monroe, or any supreme court justice, shall have power, on the   application  of  the  district  attorney  of Monroe county, to order and   direct the county treasurer of Monroe county  to  pay  to  the  district   attorney any sum of money expended or incurred by him in the performance   of  his  duties  in  his  office,  and the county judge of the county of   Rensselaer, or any supreme court  justice,  shall  have  power,  on  the   application  of the district attorney of Rensselaer county, to order and   direct the county treasurer of Rensselaer county to pay to the  district   attorney any sum of money expended or incurred by him in the performance   of  his  duties  in  his  office,  and the county judge of the county of   Albany,  or  any  supreme  court  justice,  shall  have  power,  on  the   application  of  the  district  attorney  of Albany county, to order and    direct the county treasurer of Albany county  to  pay  to  the  district   attorney  of such county any sum of money expended or incurred by him in   the performance of his duties in his office, and  the  county  judge  of   Columbia  county, or any justice of the supreme court, shall have power,   on the application of the district attorney of Columbia county, to order   and direct the county  treasurer  of  Columbia  county  to  pay  to  the   district  attorney  of such county any sum of money expended or incurred   by him in the performance  of  his  duties  in  office.    The  district   attorney  of Niagara county shall have charge of and conduct on the part   of the people all preliminary examinations in the police courts  of  the   cities  of Lockport, North Tonawanda and Niagara Falls, either in person   or by his assistant and the  several  justices  of  the  peace  of  said   county.   In   lieu  of  the  necessary  traveling  expenses  and  other   disbursements incurred in the performance of  these  additional  duties,   either  by  himself  or  by  his assistant or stenographer, the district   attorney of Niagara county shall receive such amount as may be fixed  by   the board of supervisors of Niagara county payable monthly by the county   treasurer  of  Niagara county, and the assistant district attorney shall   receive an amount to be fixed by the board  of  supervisors  of  Niagara   county, at not less than five hundred dollars per annum, payable monthly   by  the  county treasurer of Niagara county, and the district attorney's   stenographer shall receive an  amount  to  be  fixed  by  the  board  of   supervisors  of Niagara county at not less than four hundred dollars per   annum, payable monthly by the county treasurer of Niagara county.  Until   such amount is so fixed by the board of supervisors it shall be as above   stated.