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 4.124 - Executive order no. 124: requiring attorney general to supersede district attorney of suffolk county with reference to certain proceedings and the investigation of illegal eavesdropping and perjury allegations

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, 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 Suffolk, 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:
(a) any and all unlawful acts or omissions or
				  alleged unlawful acts or omissions by any past or present member of the Suffolk
				  County Police Department or the Suffolk County District Attorney's Office and
				  any person acting in concert therewith in relation to illegal eavesdropping,
				  any alleged perjury related to such illegal eavesdropping and any other offense
				  joinable in an accusatory instrument charging such offenses;
(b) any and all unlawful acts or omissions or
				  alleged acts or omissions by any person in relation to an investigation of
				  illegal eavesdropping or perjury related thereto alleged to have been committed
				  by a past or present member of the Suffolk County Police Department or the
				  Suffolk County District Attorney's Office or any person acting in concert
				  therewith, and any other offense joinable in an accusatory instrument charging
				  such offenses;
(c) any and all acts
				  and omissions and alleged acts and omissions occurring heretofore or hereafter
				  to obstruct, hinder or interfere with any inquiry, prosecution, trial or
				  judgment pursuant to or connected with this requirement; 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 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; and that 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.
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 Suffolk.
Pursuant to subdivision eight of section 63  of the
					 Executive Law, I also find it to be in the public interest to require that you
					 inquire into matters concerning the public peace, public safety and public
					 justice with respect to the subjects which are within the scope of this
					 requirement, and I so direct you to do so in person or by your assistants or
					 deputies and to have the powers and duties specified in such subdivision for
					 the purposes of this requirement.
Signed: Mario M. CuomoDated: May 2, 1989
[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.]