New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 3 - Executive Orders (Hugh L. Carey) › Section 3.31 - Executive Order No. 31: [Requiring Attorney General to supersede District Attorney of Albany County with reference to certain criminal proceedings.]

Current through Register Vol. 46, No. 28, July 10, 2024
TO: THE HONORABLE LOUIS J. LEFKOWITZ ATTORNEY GENERAL OF
					 THE STATE OF NEW YORK STATE CAPITOL ALBANY, NEW YORK
					 .........................................................................................................................
Pursuant to article IV, section three of the Constitution
					 of the State of New York, the provisions of subdivision two of section 63  of
					 the Executive Law and the statutes and law in such case made and provided, and
					 in view of the request of the District Attorney of Albany County, I hereby
					 require that you, the Attorney General of this State, attend in person, or by
					 one or more of your assistants or deputies, a term of the Supreme Court to be
					 held in and for the County of Albany for the month of February, nineteen
					 hundred seventy-six, and any other term or terms of the Supreme Court in and
					 for the County of Albany, and that you, in person or by said assistants or
					 deputies, appear before any grand jury drawn for said term of said court, and
					 before any grand jury or grand juries which shall be drawn or which shall have
					 heretofore been drawn for any other term or terms of said court, for the
					 purpose of managing and conducting in said court and before said grand jury and
					 said other grand juries any and all proceedings, examinations and inquiries and
					 any and all criminal actions and proceedings which may be had or taken by or
					 before said grand jury and grand juries concerning or relating to the criminal
					 proceeding entitled People v. John Doe, Special Prosecutor for Health and
					 Social Services File Number NY9-16, and any and all offenses that are in any
					 way related thereto; and that you conduct, manage, prosecute and handle such
					 other proper actions and proceedings relating thereto as may come before said
					 court and that you conduct, manage, prosecute and handle all trials at said
					 term of court or at any term of said court at which any and all indictments
					 which may be found and which may hereafter be tried, pursuant to or in
					 connection with this requirement, and in the event of any appeal or appeals or
					 other proceedings connected therewith, to manage, prosecute, conduct and handle
					 the same; and that in person or by your assistants or deputies you, as of the
					 date hereof, supersede and in the place and stead of the District Attorney of
					 the County of Albany exercise all the powers and perform all the duties
					 conferred upon you by the statutes and law in such case made and provided and
					 this requirement made hereunder; and that in such proceedings and actions the
					 District Attorney of the County of Albany shall exercise only such powers and
					 perform such duties as are required of him by you or your assistants or
					 deputies so attending.
Signed: Hugh L. Carey
Dated: February 13, 1976