New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.128 - Executive Order No. 128: Requiring Attorney General to supersede District Attorney of Kings County with reference to certain criminal proceedings. [*][DAGGER]

Current through Register Vol. 46, No. 28, July 10, 2024
TO: THE HONORABLE ROBERT ABRAMS ATTORNEY GENERAL OF THE
					 STATE OF NEW YORK STATE CAPITOL ALBANY, NEW YORK 12224
					 ...........................................................................................
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 Kings County, I hereby
					 require that you, the Attorney General of the State, attend in person, or by
					 one or more of your assistants or deputies, a term or terms of the Supreme
					 Court to be held in and for the County of Kings, and that you, in person or by
					 said assistants or deputies, appear before any grand jury drawn for any other
					 term or terms 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 any and all unlawful acts or omissions or alleged
					 unlawful acts or omissions by any person arising out of, relating to or in any
					 way connected with the subject matter of the criminal proceedings
					 entitled:
People
v.
Daniel J. Penofsky
New York City Criminal Court Docket No. 9K053627
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
					 terms of court, or 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 Kings 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 Kings shall exercise only such powers and
					 perform such duties as are required of her by you or your assistants or
					 deputies so attending.
Pursuant to the provisions of subdivision two of section 63 
					 of the Executive Law, all expenses incurred by the Attorney General in relation
					 to the prosecution of the proceedings enumerated herein, including the salary
					 or other compensation of all deputies employed shall be a charge upon the
					 county of Kings.
This Order shall not in any way limit the authority
					 embodied in Executive Order 58, dated September 19, 1972 and any subsequent
					 amendments thereto.
Signed: Mario M. Cuomo
Dated: August 31, 1989
Executive Order No. 128.1
*
[DAGGER]
TO: THE HONORABLE ROBERT ABRAMS ATTORNEY GENERAL OF THE
					 STATE OF NEW YORK STATE CAPITOL ALBANY, NEW YORK 12224
					 .............................................................................
The order and requirement to you, embodied in Executive
					 Order 128 and dated August 31, 1989, is hereby amended by adding thereto after
					 "People
v.
Daniel J. Penofsky New York City Criminal Court
					 Docket No. 9K053627" the following case, to read as follows:
People
v.
Daniel Penofsky
Supreme County, Kings County, Indictment No.
					 12632/89
Signed: Mario M. Cuomo
Dated: July 13, 1990
Footnotes
* [Revoked by Executive Order
					 No. 31 (George E. Pataki),
infra.
]
[DAGGER] [Revoked by Executive
					 Order No. 5 (Eliot Spitzer),
infra.
] [Revoked by Executive
					 Order No. 9 (David A. Paterson),
infra.
] [Revoked by Executive
					 Order No. 2 (Andrew M. Cuomo),
infra.
]
* [Revoked by Executive Order
					 No. 31 (George E. Pataki),
infra.
]
[DAGGER] [Revoked by Executive
					 Order No. 5 (Eliot Spitzer),
infra.
] [Revoked by Executive
					 Order No. 9 (David A. Paterson),
infra.
] [Revoked by Executive
					 Order No. 2 (Andrew M. Cuomo),
infra.
]