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 4.144 - Executive order no. 144: requiring attorney general to supersede district attorney of nassau county with reference to certain proceedings and the investigation of the death of ricky mccargo

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 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 Nassau, 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 proceeding, 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 person in relation to the death of Ricky McCargo;
(b) any and all unlawful acts or omissions or
				  alleged unlawful acts or omissions by any person in relation to the
				  investigation of the death of Ricky McCargo;
(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 herewith, 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 Nassau exercise all the powers and perform all the
				  duties conferred upon you by 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 Nassau 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 Nassau.
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: April 3, 1991
[FN[DOUBLE DAGGER]] [Revoked by Executive Order No. 31
					 (George E. Pataki),infra.]