New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 6 - Executive Orders (Eliot Spitzer) › Section 6.21 - Executive Order No. 21: Providing for Investigation Into the Deaths of Arlene Tankleff and Seymour Tankleff and Prosecution of Offenses in Connection Therewith. [*]

Current through Register Vol. 46, No. 28, July 10, 2024
TO: THE HONORABLE ANDREW M. CUOMO THE ATTORNEY GENERAL OF
					 THE STATE OF NEW YORK STATE CAPITOL ALBANY, NEW YORK
					 12224.........................................................................................................................
WHEREAS, Martin Tankleff was convicted in 1990 of murdering
					 his parents, Seymour and Arlene Tankleff; and
WHEREAS, on December 18, 2007, the Appellate Division of
					 the Supreme Court, Second Department, granted Martin Tankleff's motion to
					 vacate the judgments against him, and the sentences imposed thereon, and
					 remitted the matter for a new trial, holding that newly discovered evidence was
					 " of such character as to create a probability that had such evidence been
					 received at the trial the verdict would have been more favorable to the
					 defendant"; and
WHEREAS, the District Attorney of the County of Suffolk,
					 and others, have requested that I exercise my powers under the law to allow a
					 new and independent investigation and prosecution in this matter;
NOW, THEREFORE, I, ELIOT SPITZER, Governor of the State of
					 New York, by virtue of the authority vested in me by article IV, section three
					 of the Constitution of the State of New York, the provisions of subdivisions
					 two and three of section 63  of the Executive Law, and the statutes and law in
					 such case made and provided, do hereby:
(a) request that you, the Attorney General of
				  this State, investigate the alleged commission of any indictable offense or
				  offenses in violation of the law relating to the death of Arlene Tankleff in
				  September 1988, or relating to the death of Seymour Tankleff in October 1988,
				  and to prosecute the person or persons believed to have committed the same and
				  any crime or offense arising out of such investigation or both, including but
				  not limited to appearing before and presenting all such matters to a grand
				  jury; and
(b) require that you, the
				  Attorney General of this 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 Suffolk, for the purpose of managing and conducting in said
				  court the criminal actions entitled:
People
v.
Martin
					 Tankleff
, Indictment No. 1290-88,
People
v.
Martin
					 Tankleff
, Indictment No. 1535-88,
and any and all inquiries, examinations, and proceedings
					 which may be had or taken by or before any grand jury or grand juries of said
					 court concerning or relating to any and all alleged unlawful acts or omissions
					 by any person arising out of, relating to or in any way connected with the
					 subject matter of such criminal actions, and such other proper actions and
					 proceedings relating thereto as may come before a court, and that you conduct,
					 manage, prosecute and handle all trials at said court of 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 appeals or other
					 proceedings connected therewith, that you 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 Suffolk 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.
In such proceedings and actions the District Attorney of
					 the County of Suffolk shall exercise only such powers and perform such duties
					 as are required of him by you or your assistants or deputies so
					 attending.
All expenses incurred by the Attorney General pursuant to
					 subdivision two of section 63  of the Executive Law in relation to the
					 investigation and prosecution of the proceedings enumerated herein, including
					 the salary or other compensation of all deputies and assistants employed, shall
					 be a charge upon the County of Suffolk.
Signed: Eliot Spitzer
Dated: January 11, 2008
Footnotes
* [Revoked by Executive Order
					 No. 2 (Andrew M. Cuomo),
infra.
]