2023 New York Laws › CNT - County › Article 18 - District Attorney › 700 - District Attorney; Powers and Duties.

§  700. District attorney; powers and duties. 1. Except as provided in
section seven hundred one of this chapter, it shall be the duty of every
district attorney to conduct all prosecutions for  crimes  and  offenses
cognizable  by  the  courts of the county for which he or she shall have
been elected or  appointed;  except  when  the  place  of  trial  of  an
indictment  is  changed from one county to another, it shall be the duty
of the district attorney of the county where the indictment is found  to
conduct the trial of the indictment so removed, and it shall be the duty
of the district attorney of the county to which such trial is changed to
assist  in  such  trial upon the request of the district attorney of the
county where the indictment was found. He  or  she  shall  perform  such
additional  and  related duties as may be prescribed by law and directed
by the board of supervisors.
2. Within thirty days after the receipt of any fine, penalty, recovery
upon any recognizance, monies and proceeds from  the  sale  of  property
realized as a consequence of any forfeiture, or other money belonging to
the  county,  the  district attorney or the claiming authority shall pay
the same to the county treasurer.  Not  later  than  the  first  day  of
February  in  each year, the district attorney shall make in duplicate a
verified true statement of all such moneys  received  and  paid  to  the
county  treasurer  during  the  preceding calendar year and at that time
shall pay to the county treasurer any balance due. One  statement  shall
be  furnished  to the county treasurer, one to the clerk of the board of
supervisors and one to the state comptroller. A district attorney who is
not re-elected shall make and file the verified statement  and  pay  any
balance  of such moneys to the county treasurer within thirty days after
the expiration of his term.
3. It shall be the duty of the district attorney to bring actions upon
any forfeited recognizance taken in his county in any criminal action or
proceeding unless otherwise directed by the court.
4. At the opening of the first term of county court held in each  year
he  shall  present  to  the  court  a  verified statement of all actions
brought by him upon forfeited recognizance,  penalties  or  forfeitures,
the  judgments  entered thereon and those collected. The statement shall
indicate the amounts due the county and the amounts due the state.  This
provision  shall  apply  to  a  former  district attorney whose term has
expired and was not re-elected.
5. The board of supervisors may create the  position  of  confidential
secretary  to  the district attorney who shall serve at his pleasure and
shall be in the exempt class of the civil service.
6. The district  attorney  must  maintain  a  written  record  of  all
indictments  pending  in the courts of the county in which he shall have
been elected or appointed. Such record shall contain the  name  of  each
person indicted, the crime charged, the date on which the indictment was
returned,  the  disposition of the indictment and such other information
as the court may direct. At the expiration of  his  term,  the  district
attorney must deliver this record to his successor in office.
7.  The  district  attorney shall keep and preserve all records now or
hereafter in his care or custody or under his control and  all  records,
books  and  papers  relating  to  the  functioning  of his office or the
performance of his duties. No  such  record,  book  or  paper  shall  be
destroyed  or  otherwise  disposed  of,  except  pursuant to law. At the
expiration of his term, the district attorney shall, within sixty  days,
turn over all such records, books or papers to his successor in office.
8.  The district attorney of a county having a population of more than
one hundred thousand according  to  the  last  federal  census  and  the
district  attorney of Essex county and any county having a population of
more than forty thousand but less than one hundred thousand according to

the  last  federal  census,  the  board  of  supervisors  of  which  has
designated  such  office  as  a full-time position, shall give his whole
time to his duties and shall not engage in the practice of law,  act  as
an  arbitrator,  referee  or  compensated  mediator  in  any  action  or
proceeding or matter or engage in the conduct of any other profession or
business which interferes with the performance of his duties as district
attorney.
10. There is hereby established a program of state aid to all counties
having a population of more than one hundred thousand according  to  the
last  federal  census,  to any county, the board of supervisors of which
has designated the office of district attorney as a  full-time  position
pursuant  to  subdivision  eight  of this section and to the city of New
York for the salaries of district attorneys of  such  counties  and  the
counties within such city at the rate of ten thousand dollars per annum.
No  such  state  aid shall be paid with respect to any district attorney
who has not complied with subdivision eight of this section.
11. (a) In addition to the  state  aid  provided  in  subdivision  ten
hereof,  each  county,  the  salary of the district attorney of which is
determined  pursuant  to  section  one  hundred  eighty-three-a  of  the
judiciary law, shall be entitled to receive state aid in an amount equal
to  the  difference  between:  (i) the salary required to be paid to the
district attorney of such county pursuant to such  section  one  hundred
eighty-three-a  on  October  first,  nineteen  hundred  ninety-four, not
including any additional compensation which may have  been  provided  by
local  law pursuant to such section one hundred eighty-three-a, and (ii)
the salary required to be paid to such  district  attorney  pursuant  to
such  section  one  hundred  eighty-three-a immediately prior to October
first, nineteen  hundred  eighty-seven,  or  the  salary  actually  paid
immediately  prior  to  such  date,  if  higher,  less the amount of any
additional compensation which may have been provided thereafter  by  any
such  local  law  prior  to  April  first,  nineteen hundred ninety-six.
Provided, however, where the salary of the district attorney of a county
first becomes determined pursuant to section one hundred  eighty-three-a
of  the  judiciary  law  on  or  after  April  first,  nineteen  hundred
ninety-six, the state aid  payable  to  such  county  pursuant  to  this
paragraph shall equal thirty-one thousand dollars.
(b)  In  addition  to  the state aid provided in paragraph (a) of this
subdivision, each county, the salary of the district attorney  of  which
is  determined  pursuant  to  section  one hundred eighty-three-a of the
judiciary law, shall be entitled to receive state aid in the  amount  of
forty-one  percent  of  the difference between the amount required to be
paid  to  such  district  attorney  pursuant  to  section  one   hundred
eighty-three-a of the judiciary law on and after January first, nineteen
hundred  ninety-nine and the amount required to be paid pursuant to such
section immediately prior to such date, except that  in  the  county  of
Dutchess the amount shall be forty-two percent of such difference in the
county of Putnam the amount shall be forty percent of such difference in
the  county  of  Monroe  the amount shall be thirty-nine percent of such
difference and in the counties of Erie, Nassau, Suffolk and  Westchester
the amount shall be thirty-six percent of such difference.
(c)  Commencing  with the nineteen hundred eighty-seven calendar year,
the comptroller shall annually determine the amount of state aid payable
to each county pursuant to  paragraphs  (a)  and  (b)  hereof  for  each
calendar  year and shall pay such amount on his audit and warrant to the
chief fiscal officer of each such county during the month  of  September
in  each  such  year. Where a county first becomes entitled to state aid
pursuant to paragraphs (a) and (b) hereof on a day  other  than  January
first,  nineteen  hundred ninety-nine or January first of any other year

thereafter, the amount of state aid payable to such county in  the  year
it   first  becomes  entitled  to  such  state  aid  shall  be  prorated
accordingly.
13.  In  order  to  provide  services to crime victims, witnesses, and
other persons involved in the criminal justice system,  and  to  support
crime  prevention programs, the district attorney may employ or contract
with persons licensed and registered to practice or otherwise authorized
under article one hundred fifty-three, one hundred  fifty-four,  or  one
hundred  sixty-three  of  the  education  law, or contract with entities
authorized to provide  the  services  specified  in  such  articles,  in
connection  with  the  provision  of  any  services that such persons or
entities are authorized to  provide  and  that  are  authorized  by  the
district attorney.