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 4.139 - Executive order no. 139: termination of requirement of attorney general in relation to certain crimes committed by public servants in the counties of new york, bronx, queens, kings and richmond

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
WHEREAS, on September 19, 1972, at the recommendation of
					 the Commission to Investigate Allegations of Police Corruption in the City of
					 New York, the Governor, in Executive Orders 55, 56, 57, 58 and 59, made
					 requirements upon you pursuant to article IV section three of the Constitution
					 of the State of New York, the provisions of subdivisions two and eight of
					 section 63  of the Executive Law and the statutes and law in such case made and
					 provided, in relation to the appearance in person, or by one or more of your
					 assistants or deputies, before the grand or petit juries of the Supreme Court,
					 held in and for the counties of New York, Bronx, Queens, Kings and Richmond,
					 for the purpose of managing and conducting in said court and before said juries
					 any and all proceedings which may be had or taken by or before said court or
					 juries concerning or relating to:
(a)
				  any and all acts and omissions and alleged acts and omissions by any public
				  servant, former public servant or person occurring in the aforementioned
				  counties in violation of any provision of State or local law and arising out
				  of, relating to or in any way connected with corrupt acts or omissions by a
				  public servant or former public servant arising out of, relating to or in any
				  way connected with the enforcement of law or administration of criminal justice
				  in the City of New York, and any and all acts and omissions and alleged acts
				  and omissions intended to obstruct, hinder or interfere with any inquiry,
				  prosecution, trial or judgment pursuant to or connected with that requirement;
				  and
(b) that you conduct, manage,
				  prosecute and handle such other proper actions and proceedings relating thereto
				  as came before said courts at which any and all indictments which were found
				  and which were thereafter to be tried, pursuant to or in connection with that
				  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 that date,
				  supersede and in the place and stead of the District Attorney of the
				  aforementioned counties exercise all the powers and perform all the duties
				  conferred upon you by the statutes and law in such case made and provided and
				  under that requirement; and
WHEREAS, the office established to fulfill this function,
					 known as the Office of the Special Prosecutor for Corruption in the Criminal
					 Justice System of the City of New York, has performed superbly over the course
					 of its lifespan; and
WHEREAS, today, after years of vigorous investigation and
					 prosecution, sweeping reforms and the considerable enhancement of the resources
					 and capabilities of the aforementioned district attorneys' offices have
					 dramatically eliminated the need for this special corruption prosecution
					 function.
NOW, THEREFORE, I hereby terminate the requirement upon you
					 of September 19, 1972 and return these functions to the appropriate district
					 attorneys effective October 1, 1990.
Signed: Mario M. CuomoDated: Nov. 7, 1990.
[FN*] [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.]