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 4.89 - Executive order no. 89: requiring attorney general to supersede district attorney of queens county with reference to certain criminal proceedings

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
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 Queens 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 Queens for the month of January, nineteen hundred
					 eighty-seven, and any other term or terms of the Supreme Court in and for the
					 County of Queens, 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 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. Scott Kern, New York City Criminal Court Docket
					 No. 6Q039056;
People v. Jason Ladone, New York City Criminal Court Docket
					 No. 6Q039057;
People v. Jon Lester, New York City Criminal Court Docket
					 No. 6Q039058;
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 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 Queens 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 Queens shall exercise only such powers and
					 perform such duties as are required of him by you or your assistants or
					 deputies so attending.
This Order shall not in any way limit the authority
					 embodied in Executive Order Number 57 [§
										1.57]  dated September 19, 1972 and
					 any subsequent amendments thereto.
Signed: Mario M. CuomoDated: January 16, 1987
[FN*] [Revoked by Executive Order No. 31 (George E.
					 Pataki), infra.]
[FN[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.]