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 4.160 - Executive order no. 160: directing a review of the criminal investigation and prosecution arising from the murder of yankel rosenbaum

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the primary role of government in a civilized
					 society is to provide for the safety and security of the people in its
					 jurisdiction;
WHEREAS, this role of government in our society extends to
					 ensuring that tolerance and respect for each individual is fostered throughout
					 our system of government, including our criminal justice system;
WHEREAS, members of all communities have an expectation
					 that the criminal justice system will function effectively to provide
					 justice;
WHEREAS, on August 19, 1991, Yankel Rosenbaum was murdered
					 during a disturbance in the Crown Heights section of Brooklyn, New York and
					 accounts of the event indicate that although many individuals took part, only
					 one individual was charged, and tried by a jury which rendered a verdict of
					 acquittal which must be heeded;
WHEREAS, the verdict has generated a feeling of mistrust
					 and suspicion of the criminal justice system by those who are unable to
					 reconcile the verdict with their sense of justice;
WHEREAS, regardless of how one responds to the verdict,
					 these events have undermined confidence in the criminal justice system
					 resulting in a climate which has polarized communities in the City of New York
					 and elsewhere;
WHEREAS, it is in the interest of justice that the Director
					 of Criminal Justice and Commissioner of the Division of Criminal Justice
					 Services for the State of New York (hereinafter the Director) review and
					 evaluate the operation of the criminal justice system in this matter;
NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and Laws
					 of the State of New York, do hereby order that Richard H. Girgenti, the
					 Director of Criminal Justice and Commissioner of the Division of Criminal
					 Justice Services for the State of New York, review the response of law
					 enforcement to the August 1991 disturbance in Crown Heights and the facts and
					 circumstances surrounding the criminal investigation and prosecution arising
					 from the death of Yankel Rosenbaum.
I.
				  Responsibilities of the Director
1. To
				  proceed in a term of the Supreme Court, to be held in and for the County of
				  Kings, to seek such order as justice requires unsealing any and all files and
				  records pertaining to the investigation and prosecution in the case of The
				  People of the State of New York v. Lemrick Nelson.
2. To review, to the extent permitted by law,
				  any and all records of the Police Departments of the City of New York
				  pertaining to the investigation of the homicide of Yankel Rosenbaum and the
				  Crown Heights disturbance of August 1991.
3. To review, to the extent permitted by law,
				  the transcripts of any and all proceedings held prior to the date of this order
				  which relate to the murder of Yankel Rosenbaum.
4. To review, to the extent permitted by law,
				  all of the records in the possession of the District Attorney of Kings County
				  pertaining to the investigation and prosecution of individuals involved in the
				  death of Yankel Rosenbaum.
5. To
				  interview non-witness participants in the trial of the People of the State of
				  New York v. Lemrick Nelson.
6. To
				  review and evaluate the preparedness planning and response of the City of New
				  York Police Department to the August 1991 disturbance in Crown
				  Heights.
7. To offer
				  recommendations designed to restore the public' s confidence in the criminal
				  justice system.