2023 New York Laws › PEN - Penal › Part 4 - Administrative Provisions › Title X - Organized Crime Control Act › Article 460 - Enterprise Corruption › 460.60 - Enterprise Corruption; Consent to Prosecute.

§ 460.60 Enterprise corruption; consent to prosecute.
1. For purposes of this section, when a grand jury proceeding concerns
a  possible  charge  of  enterprise  corruption,  or  when an accusatory
instrument  includes  a  count  charging  a   person   with   enterprise
corruption,  the  affected district attorneys are the district attorneys
otherwise empowered to prosecute any of the underlying acts of  criminal
activity  in  a  county with jurisdiction over the offense of enterprise
corruption pursuant to section 460.40 of this article, in which:
(a) there  has  been  substantial  and  significant  activity  by  the
particular enterprise; or
(b) conduct occurred constituting a criminal act specifically included
in the pattern of criminal activity charged in the accusatory instrument
and not previously prosecuted; or
(c) the particular enterprise has its principal place of business.
2.  A grand jury proceeding concerning a possible charge of enterprise
corruption may be instituted only  with  the  consent  of  the  affected
district  attorneys.  Should  the  possibility  of such a charge develop
after a grand jury proceeding has been instituted, the  consent  of  the
affected district attorneys shall be sought as soon as is practical, and
an  indictment  charging  a person with enterprise corruption may not be
voted upon by the grand jury without such consent.
3. A person may be charged in an accusatory instrument with enterprise
corruption only with the consent of  the  affected  district  attorneys.
When  it  is  impractical to obtain the consent specified in subdivision
two of this section prior to the filing of  the  accusatory  instrument,
then that consent must be secured within twenty days thereafter.
4. When the prosecutor is the deputy attorney general in charge of the
statewide   organized   crime   task  force,  the  consent  required  by
subdivisions two and three of this section shall be in addition to  that
required by subdivision seven of section seventy-a of the executive law.
5.  Within  fifteen  days  after  the  arraignment of any person on an
indictment charging a person with the crime of enterprise corruption the
prosecutor shall provide a copy of  the  indictment  to  those  district
attorneys  whose  consent  was required pursuant to subdivision three of
this section, and shall notify the court and defendant of those district
attorneys whose consent the prosecutor has secured. The court shall then
review the indictment and the grand jury minutes,  notify  any  district
attorney whose consent under subdivision one of this section should have
been  but  was  not  obtained,  direct  that the prosecutor provide that
district attorney with the portion of  the  indictment  and  grand  jury
minutes  that  are  relevant  to  a  determination whether that district
attorney is an  "affected  district  attorney"  within  the  meaning  of
subdivision one of this section.
6.  The  failure  to  obtain  from  any  district attorney the consent
required by subdivision two or  three  of  this  section  shall  not  be
grounds  for  dismissal  of  the  accusatory instrument or for any other
relief upon motion of a defendant in the criminal action.
Upon  motion  of  a  district  attorney  whose  consent,  pursuant  to
subdivision three of this section, the court determines was required but
not obtained, the court may not dismiss the accusatory instrument or any
count  thereof  but  may  grant  any appropriate relief. Such relief may
include, but is not limited to:
(a) ordering that any money forfeited by a defendant in  the  criminal
action, or the proceeds from the sale of any other property forfeited in
the  criminal  action  by a defendant, which would have been paid to the
county of that district attorney pursuant to  section  thirteen  hundred
forty-nine of the civil practice law and rules had the forfeiture action

been  prosecuted  in  the  county  of that district attorney, be paid in
whole or in part to the county of that district attorney; or
(b)  upon  consent  of  the  defendant,  ordering  the transfer of the
prosecution, or any part thereof, to that district attorney  or  to  any
other  prosecutor  with  jurisdiction  over the prosecution, of the part
thereof to be transferred. However, prior to ordering  any  transfer  of
the prosecution, the court shall provide to those district attorneys who
have previously consented to the prosecution an opportunity to intervene
and be heard concerning such transfer.
7. A district attorney whose consent, pursuant to subdivision three of
this  section,  the  court  determines was required but not obtained may
seek the relief described in subdivision six of this section exclusively
by a pre-trial motion in the criminal action  based  on  the  indictment
charging  the crime of enterprise corruption. Such relief must be sought
within forty-five days of the receipt of notice from the court  pursuant
to subdivision five of this section.