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 4.165 - Executive Order No. 165: Requiring Attorney General to supersede District Attorney of Delaware County with reference to certain proceedings and the investigation of alleged acts of evidence tampering and perjury by employees or former employees of the Division of State Police. [*]

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the truthful, honest, fair, impartial and just
					 enforcement of the law with respect to all citizens is essential to a free
					 society; and
WHEREAS, the Division of State Police and Special Tompkins
					 County District Attorney Nelson Roth, with the assistance of the Federal Bureau
					 of Investigation, have developed evidence which has been used to prove or which
					 may establish that certain employees or former employees of the Division of
					 State Police fabricated fingerprint or other forensic evidence and testified
					 falsely in relation thereto; and
WHEREAS, abuse by police officers of the trust and power
					 invested in them by the people of the State of New York threatens to compromise
					 the credibility of the convictions in the underlying cases and threatens to
					 undermine public confidence in law enforcement; and
WHEREAS, due to the multi-jurisdictional nature of these
					 cases a comprehensive, centralized investigation of the existing evidence is
					 necessary to ensure that public confidence in law enforcement is maintained and
					 improved; and
WHEREAS, it is necessary that a single prosecutor possess
					 sufficient multi-county jurisdiction to prosecute any and all cases of criminal
					 misconduct discovered in the course of this investigation;
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, including section six  of the Executive Law, do hereby
					 appoint Nelson E. Roth, Esq., of Ithaca, New York as a special investigator to
					 examine and investigate any and all allegations or evidence that an employee or
					 former employee of the Division of State Police fabricated or manipulated
					 fingerprint or other forensic evidence or testified falsely in relation to any
					 such evidence where such acts relate to an investigation or prosecution
					 conducted in Delaware County.
Further, 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 the Attorney General of this State, attend in
					 person, or by one or more of his assistants or deputies, a term or terms of the
					 Supreme Court to be held, as appropriate, in and for the County of Delaware,
					 and that he, in person or by said deputy, who I hereby request to be Nelson E.
					 Roth, Esq., or by said assistants, 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 person in relation to the discovery, collection, custody, analysis,
				  evaluation, identification or use by an employee or former employee of the
				  Division of State Police of fingerprint or other forensic evidence;
(b) any and all unlawful acts or omissions or
				  alleged unlawful acts or omissions by any person in relation to instances of
				  perjury or suborning of perjury, falsifying or tampering with business or
				  public records, offering a false instrument for filing or any other act
				  amounting to official misconduct in connection with the requirement made
				  hereunder; and
(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 he conduct,
				  manage, prosecute and handle such other proper actions and proceedings relating
				  thereto as may come before said court and that he 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 his said
				  assistants or deputy the Attorney General, as of the date hereof, supersede and
				  in the place and stead of the District Attorney of the County of Delaware
				  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 Delaware shall exercise only such powers and perform such duties
				  as are required of him by the Attorney General or said deputy so attending.
Signed: Mario M. Cuomo
Dated: February 9, 1993
Executive Order No.
					 165.1*
Requiring Attorney General to supersede District
					 Attorney of Cortland County with reference to certain proceedings and the
					 investigation of alleged acts of evidence tampering and perjury by employees or
					 former employees of the Division of State Police.
WHEREAS, the truthful, honest, fair, impartial and just
					 enforcement of the law with respect to all citizens is essential to a free
					 society; and
WHEREAS, the Division of State Police and Special Tompkins
					 County District Attorney Nelson Roth, with the assistance of the Federal Bureau
					 of Investigation, have developed evidence which has been used to prove or which
					 may establish that certain employees or former employees of the Division of
					 State Police fabricated fingerprint or other forensic evidence and testified
					 falsely in relation thereto; and
WHEREAS, abuse by police officers of the trust and power
					 invested in them by the people of the State of New York threatens to compromise
					 the credibility of the convictions in the underlying cases and threatens to
					 undermine public confidence in law enforcement; and
WHEREAS, due to the multi-jurisdictional nature of these
					 cases a comprehensive, centralized investigation of the existing evidence is
					 necessary to ensure that public confidence in law enforcement is maintained and
					 improved; and
WHEREAS, it is necessary that a single prosecutor possess
					 sufficient multi-county jurisdiction to prosecute any and all cases of criminal
					 misconduct discovered in the course of this investigation;
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, including section six  of the Executive Law, do hereby
					 appoint Nelson E. Roth, Esq., of Ithaca, New York as a special investigator to
					 examine and investigate any and all allegations or evidence that an employee or
					 former employee of the Division of State Police fabricated or manipulated
					 fingerprint or other forensic evidence or testified falsely in relation to any
					 such evidence where such acts relate to an investigation or prosecution
					 conducted in Cortland County.
Further, 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 the Attorney General of this State, attend in
					 person, or by one or more of his assistants or deputies, a term or terms of the
					 Supreme Court to be held, as appropriate, in and for the County of Cortland,
					 and that he, in person or by said deputy, who I hereby request to be Nelson E.
					 Roth, Esq., or by said assistants, 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 omission by
				  any person in relation to the discovery, collection, custody, analysis,
				  evaluation, identification or use by an employee or former employees of the
				  Division of State Police of fingerprint or other forensic evidence;
(b) any and all unlawful acts or omissions or
				  alleged unlawful acts or omissions by any person in relation to instances of
				  perjury or suborning of perjury, falsifying or tampering with business or
				  public records, offering a false instrument for filing or any other act
				  amounting to official misconduct in connection with the requirement made
				  hereunder; and
(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 he conduct,
				  manage, prosecute and handle such other proper actions and proceedings relating
				  thereto as may come before said court and that he 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 his said
				  assistants or deputy the Attorney General, as of the date hereof, supersede and
				  in the place and stead of the District Attorney of the County of Cortland
				  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 Cortland shall exercise only such powers and perform such duties
				  as are required of him by the Attorney General or said deputy so attending.
Signed: Mario M. Cuomo
Dated: February 9, 1993
Executive Order No. 165.2 
					 *
Requiring Attorney General to supersede District
					 Attorney of Otsego County with reference to certain proceedings and the
					 investigation of alleged acts of evidence tampering and perjury by employees or
					 former employees of the Division of State Police.
WHEREAS, the truthful, honest, fair, impartial and just
					 enforcement of the law with respect to all citizens is essential to a free
					 society; and
WHEREAS, the Division of State Police and Special Tompkins
					 County District Attorney Nelson Roth, with the assistance of the Federal Bureau
					 of Investigation, have developed evidence which has been used to prove or which
					 may establish that certain employees or former employees of the Division of
					 State Police fabricated fingerprint or other forensic evidence and testified
					 falsely in relation thereto; and
WHEREAS, abuse by police officers of the trust and power
					 invested in them by the people of the State of New York threatens to compromise
					 the credibility of the convictions in the underlying cases and threatens to
					 undermine public confidence in law enforcement; and
WHEREAS, due to the multi-jurisdictional nature of these
					 cases a comprehensive, centralized investigation of the existing evidence is
					 necessary to ensure that public confidence in law enforcement is maintained and
					 improved; and
WHEREAS, it is necessary that a single prosecutor possess
					 sufficient multi-county jurisdiction to prosecute any and all cases of criminal
					 misconduct discovered in the course of this investigation;
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, including section six  of the Executive Law, do hereby
					 appoint Nelson E. Roth, Esq., of Ithaca, New York as a special investigator to
					 examine and investigate any and all allegations or evidence that an employee or
					 former employee of the Division of State Police fabricated or manipulated
					 fingerprint or other forensic evidence or testified falsely in relation to any
					 such evidence where such acts relate to an investigation or prosecution
					 conducted in Otsego County.
Further, 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 the Attorney General of this State, attend in
					 person, or by one or more of his assistants or deputies, a term or terms of the
					 Supreme Court to be held, as appropriate, in and for the County of Otsego, and
					 that he, in person or by said deputy, who I hereby request to be Nelson E.
					 Roth, Esq., or by said assistants, 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 person in relation to the discovery, collection, custody, analysis,
				  evaluation, identification or use by an employee or former employee of the
				  Division of State Police of fingerprint or other forensic evidence;
(b) any and all unlawful acts or omissions or
				  alleged unlawful acts or omissions by any person in relation to instances of
				  perjury or suborning of perjury, falsifying or tampering with business or
				  public records, offering a false instrument for filing or any other act
				  amounting to official misconduct in connection with the requirement made
				  hereunder; and
(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 he conduct,
				  manage, prosecute and handle such other proper actions and proceedings relating
				  thereto as may come before said court and that he 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 his said
				  assistants or deputy the Attorney General, as of the date hereof, supersede and
				  in the place and stead of the District Attorney of the County of Otsego
				  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 Otsego shall exercise only such powers and perform such duties as
				  are required of him by the Attorney General or said deputy so attending.
Signed: Mario M. Cuomo
Dated: February 9, 1993
Executive Order No. 165.3 
					 *
Requiring Attorney General to supersede District
					 Attorney of Tompkins County with reference to certain proceedings and the
					 investigation of alleged acts of evidence tampering and perjury by employees or
					 former employees of the Division of State Police.
WHEREAS, the truthful, honest, fair, impartial and just
					 enforcement of the law with respect to all citizens is essential to a free
					 society; and
WHEREAS, the Division of State Police and Special Tompkins
					 County District Attorney Nelson Roth, with the assistance of the Federal Bureau
					 of Investigation, have developed evidence which has been used to prove or which
					 may establish that certain employees or former employees of the Division of
					 State Police fabricated fingerprint or other forensic evidence and testified
					 falsely in relation thereto; and
WHEREAS, abuse by police officers of the trust and power
					 invested in them by the people of the State of New York threatens to compromise
					 the credibility of the convictions in the underlying cases and threatens to
					 undermine public confidence in law enforcement; and
WHEREAS, due to the multi-jurisdictional nature of these
					 cases a comprehensive, centralized investigation of the existing evidence is
					 necessary to ensure that public confidence in law enforcement is maintained and
					 improved; and
WHEREAS, it is necessary that a single prosecutor possess
					 sufficient multi-county jurisdiction to prosecute any and all cases of criminal
					 misconduct discovered in the course of this investigation;
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, including section six  of the Executive Law, do hereby
					 appoint Nelson E. Roth, Esq., of Ithaca, New York as a special investigator to
					 examine and investigate any and all allegations or evidence that an employee or
					 former employee of the Division of State Police fabricated or manipulated
					 fingerprint or other forensic evidence or testified falsely in relation to any
					 such evidence where such acts relate to an investigation or prosecution
					 conducted in Tompkins County.
Further, 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 the Attorney General of this State, attend in
					 person, or by one or more of his assistants or deputies, a term or terms of the
					 Supreme Court to be held, as appropriate, in and for the County of Tompkins,
					 and that he, in person or by said deputy, who I hereby request to be Nelson E.
					 Roth, Esq., or by said assistants, 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 person in relation to the discovery, collection, custody, analysis,
				  evaluation, identification or use by an employee or former employee of the
				  Division of State Police of fingerprint or other forensic evidence;
(b) any and all unlawful acts or omissions or
				  alleged unlawful acts or omissions by any person in relation to instances of
				  perjury or suborning of perjury, falsifying or tampering with business or
				  public records, offering a false instrument for filing or any other act
				  amounting to official misconduct in connection with the requirement made
				  hereunder; and
(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 he conduct,
				  manage, prosecute and handle such other proper actions and proceedings relating
				  thereto as may come before said court and that he 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 his said
				  assistants or deputy the Attorney General, as of the date hereof, supersede and
				  in the place and stead of the District Attorney of the County of Tompkins
				  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 Tompkins shall exercise only such powers and perform such duties
				  as are required of him by the Attorney General or said deputy so attending.
Signed: Mario M. Cuomo
Dated: February 9, 1993
Executive Order No. 165.4 
					 *
Requiring Attorney General to supersede District
					 Attorney of Broome County with reference to certain proceedings and the
					 investigation of alleged acts of evidence tampering and perjury by employees or
					 former employees of the Division of State Police.
WHEREAS, the truthful, honest, fair, impartial and just
					 enforcement of the law with respect to all citizens is essential to a free
					 society; and
WHEREAS, the Division of State Police and Special Tompkins
					 County District Attorney Nelson Roth, with the assistance of the Federal Bureau
					 of Investigation, have developed evidence which has been used to prove or which
					 may establish that certain employees or former employees of the Division of
					 State Police fabricated fingerprint or other forensic evidence and testified
					 falsely in relation thereto; and
WHEREAS, abuse by police officers of the trust and power
					 invested in them by the people of the State of New York threatens to compromise
					 the credibility of the convictions in the underlying cases and threatens to
					 undermine public confidence in law enforcement; and
WHEREAS, due to the multi-jurisdictional nature of these
					 cases a comprehensive, centralized investigation of the existing evidence is
					 necessary to ensure that public confidence in law enforcement is maintained and
					 improved; and
WHEREAS, it is necessary that a single prosecutor possess
					 sufficient multi-county jurisdiction to prosecute any and all cases of criminal
					 misconduct discovered in the course of this investigation;
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, including section six  of the Executive Law, do hereby
					 appoint Nelson E. Roth, Esq., of Ithaca, New York as a special investigator to
					 examine and investigate any and all allegations or evidence that an employee or
					 former employee of the Division of State Police fabricated or manipulated
					 fingerprint or other forensic evidence or testified falsely in relation to any
					 such evidence where such acts relate to an investigation or prosecution
					 conducted in Broome County.
Further, 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 the Attorney General of this State, attend in
					 person, or by one or more of his assistants or deputies, a term or terms of the
					 Supreme Court to be held, as appropriate, in and for the County of Broome, and
					 that he, in person or by said deputy, who I hereby request to be Nelson E.
					 Roth, Esq., or by said assistants, 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 person in relation to the discovery, collection, custody, analysis,
				  evaluation, identification or use by an employee or former employee of the
				  Division of State Police of fingerprint or other forensic evidence;
(b) any and all unlawful acts or omissions or
				  alleged unlawful acts or omissions by any person in relation to instances of
				  perjury or suborning of perjury, falsifying or tampering with business or
				  public records, offering a false instrument for filing or any other act
				  amounting to official misconduct in connection with the requirement made
				  hereunder; and
(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 he conduct,
				  manage, prosecute and handle such other proper actions and proceedings relating
				  thereto as may come before said court and that he 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 his said
				  assistants or deputy the Attorney General, as of the date hereof, supersede and
				  in the place and stead of the District Attorney of the County of Broome
				  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 Broome shall exercise only such powers and perform such duties as
				  are required of him by the Attorney General or said deputy so attending.
Signed: Mario M. Cuomo
Dated: February 9, 1993
Executive Order No.
					 165.5*
Requiring Attorney General to supersede District
					 Attorney of Chenango County with reference to certain proceedings and the
					 investigation of alleged acts of evidence tampering and perjury by employees or
					 former employees of the Division of State Police.
WHEREAS, the truthful, honest, fair, impartial and just
					 enforcement of the law with respect to all citizens is essential to a free
					 society; and
WHEREAS, the Division of State Police and Special Tompkins
					 County District Attorney Nelson Roth, with the assistance of the Federal Bureau
					 of Investigation, have developed evidence which has been used to prove or which
					 may establish that certain employees or former employees of the Division of
					 State Police fabricated fingerprint or other forensic evidence and testified
					 falsely in relation thereto; and
WHEREAS, abuse by police officers of the trust and power
					 invested in them by the people of the State of New York threatens to compromise
					 the credibility of the convictions in the underlying cases and threatens to
					 undermine public confidence in law enforcement; and
WHEREAS, due to the multi-jurisdictional nature of these
					 cases a comprehensive, centralized investigation of the existing evidence is
					 necessary to ensure that public confidence in law enforcement is maintained and
					 improved; and
WHEREAS, it is necessary that a single prosecutor possess
					 sufficient multi-county jurisdiction to prosecute any and all cases of criminal
					 misconduct discovered in the course of this investigation;
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, including section six  of the Executive Law, do hereby
					 appoint Nelson E. Roth, Esq., of Ithaca, New York as a special investigator to
					 examine and investigate any and all allegations or evidence that an employee or
					 former employee of the Division of State Police fabricated or manipulated
					 fingerprint or other forensic evidence or testified falsely in relation to any
					 such evidence where such acts relate to an investigation or prosecution
					 conducted in Chenango County.
Further, 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 the Attorney General of this State, attend in
					 person, or by one or more of his assistants or deputies, a term or terms of the
					 Supreme Court to be held, as appropriate, in and for the County of Chenango,
					 and that he, in person or by said deputy, who I hereby request to be Nelson E.
					 Roth, Esq., or by said assistants, 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 person in relation to the discovery, collection, custody, analysis,
				  evaluation, identification or use by an employee or former employee of the
				  Division of State Police of fingerprint or other forensic evidence;
(b) any and all unlawful acts or omissions or
				  alleged unlawful acts or omissions by any person in relation to instances of
				  perjury or suborning of perjury, falsifying or tampering with business or
				  public records, offering a false instrument for filing or any other act
				  amounting to official misconduct in connection with the requirement made
				  hereunder; and
(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 he conduct,
				  manage, prosecute and handle such other proper actions and proceedings relating
				  thereto as may come before said court and that he 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 his said
				  assistants or deputy the Attorney General, as of the date hereof, supersede and
				  in the place and stead of the District Attorney of the County of Chenango
				  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 Chenango shall exercise only such powers and perform such duties
				  as are required of him by the Attorney General or said deputy so attending.
Signed: Mario M. Cuomo
Dated: February 9, 1993
Executive Order No. 165.6 
					 *
Requiring Attorney General to supersede District of
					 Attorney of Tioga County with reference to certain proceedings and the
					 investigation of alleged acts of evidence tampering and perjury by employees or
					 former employees of the Division of State Police.
WHEREAS, the truthful, honest, fair, impartial and just
					 enforcement of the law with respect to all citizens is essential to a free
					 society; and
WHEREAS, the Division of State Police and Special Tompkins
					 County District Attorney Nelson Roth, with the assistance of the Federal Bureau
					 of Investigation, have developed evidence which has been used to prove or which
					 may establish that certain employees or former employees of the Division of
					 State Police fabricated fingerprint or other forensic evidence and testified
					 falsely in relation thereto; and
WHEREAS, abuse by police officers of the trust and power
					 invested in them by the people of the State of New York threatens to compromise
					 the credibility of the convictions in the underlying cases and threatens to
					 undermine public confidence in law enforcement; and
WHEREAS, due to the multi-jurisdictional nature of these
					 cases a comprehensive, centralized investigation of the existing evidence is
					 necessary to ensure that public confidence in law enforcement is maintained and
					 improved; and
WHEREAS, it is necessary that a single prosecutor possess
					 sufficient multi-county jurisdiction to prosecute any and all cases of criminal
					 misconduct discovered in the course of this investigation;
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, including section six  of the Executive Law, do hereby
					 appoint Nelson E. Roth, Esq., of Ithaca, New York as a special investigator to
					 examine and investigate any and all allegations or evidence that an employee or
					 former employee of the Division of State Police fabricated or manipulated
					 fingerprint or other forensic evidence or testified falsely in relation to any
					 such evidence where such acts relate to an investigation or prosecution
					 conducted in Tioga County.
Further, 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 the Attorney General of this State, attend in
					 person, or by one or more of his assistants or deputies, a term or terms of the
					 Supreme Court to be held, as appropriate, in and for the County of Tioga, and
					 that he, in person or by said deputy, who I hereby request to be Nelson E.
					 Roth, Esq., or by said assistants, 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 person in relation to the discovery, collection, custody, analysis,
				  evaluation, identification or use by an employee or former employee of the
				  Division of State Police of fingerprint or other forensic evidence;
(b) any and all unlawful acts or omissions or
				  alleged unlawful acts or omissions by any person in relation to instances of
				  perjury or suborning of perjury, falsifying or tampering with business or
				  public records, offering a false instrument for filing or any other act
				  amounting to official misconduct in connection with the requirement made
				  hereunder; and
(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 he conduct,
				  manage, prosecute and handle such other proper actions and proceedings relating
				  thereto as may come before said court and that he 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 his said
				  assistants or deputy the Attorney General, as of the date hereof, supersede and
				  in the place and stead of the District Attorney of the County of Tioga 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
				  Tioga shall exercise only such powers and perform such duties as are required
				  of him by the Attorney General or said deputy so attending.
Signed: Mario M. Cuomo
Dated: February 22, 1993
Executive Order No. 165.7 
					 *
Requiring Attorney General to supersede District
					 Attorney of Orange County with reference to certain proceedings and the
					 investigation of alleged acts of evidence tampering and perjury by employees or
					 former employees of the Division of State Police.
WHEREAS, the truthful, honest, fair, impartial and just
					 enforcement of the law with respect to all citizens is essential to a free
					 society;
WHEREAS, the Division of State Police and Special Tompkins
					 County District Attorney Nelson Roth, with the assistance of the Federal Bureau
					 of Investigation, have developed evidence which has been used to prove or which
					 may establish that certain employees or former employees of the Division of
					 State Police fabricated fingerprint or other forensic evidence and testified
					 falsely in relation thereto;
WHEREAS, abuse by police officers of the trust and power
					 invested in them by the people of the State of New York threatens to compromise
					 the credibility of the convictions in the underlying cases and threatens to
					 undermine public confidence in law enforcement;
WHEREAS, due to the multi-jurisdictional nature of these
					 cases a comprehensive, centralized investigation of the existing evidence is
					 necessary to ensure that public confidence in law enforcement is maintained and
					 improved; and
WHEREAS, it is necessary that a single prosecutor possess
					 sufficient multi-county jurisdiction to prosecute any and all cases of criminal
					 misconduct discovered in the course of this investigation;
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, including section six  of the Executive Law, do hereby
					 appoint Nelson E. Roth, Esq., of Ithaca, New York as a special investigator to
					 examine and investigate any and all allegations or evidence that an employee or
					 former employee of the Division of State Police fabricated or manipulated
					 fingerprint or other forensic evidence or testified falsely in relation to any
					 such evidence where such acts relate to an investigation or prosecution
					 conducted in Troop "F" of the Division of State Police.
Further, 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 the Attorney General of this State, attend in
					 person, or by one or more of his assistants or deputies, a term or terms of the
					 Supreme Court to be held, as appropriate, in and for the County of Orange, and
					 that he, in person or by said deputy, who I hereby request to be Nelson E.
					 Roth, Esq., or by said assistants, 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 person in relation to the discovery, collection, custody, analysis,
				  evaluation, identification or use by an employee or former employee of the
				  Division of State Police of fingerprint or other forensic evidence;
(b) any and all unlawful acts or omissions or
				  alleged unlawful acts or omissions by any person in relation to instances of
				  perjury or suborning of perjury, falsifying or tampering with business or
				  public records, offering a false instrument for filing or any other act
				  amounting to official misconduct in connection with the requirement made
				  hereunder; and
(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 he conduct,
				  manage, prosecute and handle such other proper actions and proceedings relating
				  thereto as may come before said court and that he 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 his said
				  assistants or deputy the Attorney General, as of the date hereof, supersede and
				  in the place and stead of the District Attorney of the County of Orange
				  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 Orange shall exercise only such powers and perform such duties as
				  are required of him by the Attorney General or said deputy so attending.
Signed: Mario M. Cuomo
Dated: August 31, 1993
Executive Order No. 165.8 
					 *
Requiring Attorney General to supersede District
					 Attorney of Rockland County with reference to certain proceedings and the
					 investigation of alleged acts of evidence tampering and perjury by employees or
					 former employees of the Division of State Police.
WHEREAS, the truthful, honest, fair, impartial and just
					 enforcement of the law with respect to all citizens is essential to a free
					 society; and
WHEREAS, the Division of State Police and Special Tompkins
					 County District Attorney Nelson Roth, with the assistance of the Federal Bureau
					 of Investigation, have developed evidence which has been used to prove or which
					 may establish that certain employees or former employees of the Division of
					 State Police fabricated fingerprint or other forensic evidence and testified
					 falsely in relation thereto; and
WHEREAS, abuse by police officers of the trust and power
					 invested in them by the people of the State of New York threatens to compromise
					 the credibility of the convictions in the underlying cases and threatens to
					 undermine public confidence in law enforcement; and
WHEREAS, due to the multi-jurisdictional nature of these
					 cases a comprehensive, centralized investigation of the existing evidence is
					 necessary to ensure that public confidence in law enforcement is maintained and
					 improved; and
WHEREAS, it is necessary that a single prosecutor possess
					 sufficient multi-county jurisdiction to prosecute any and all cases of criminal
					 misconduct discovered in the course of this investigation;
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, including section six  of the Executive Law, do hereby
					 appoint Nelson E. Roth, Esq., of Ithaca, New York as a special investigator to
					 examine and investigate any and all allegations or evidence that an employee or
					 former employee of the Division of State Police fabricated or manipulated
					 fingerprint or other forensic evidence or testified falsely in relation to any
					 such evidence where such acts relate to an investigation or prosecution
					 conducted in Troop "F" of the Division of State Police.
Further, 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 the Attorney General of this State, attend in
					 person, or by one or more of his assistants or deputies, a term or terms of the
					 Supreme Court to be held, as appropriate, in and for the County of Rockland,
					 and that he, in person or by said deputy, who I hereby request to be Nelson E.
					 Roth, Esq., or by said assistants, 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 person in relation to the discovery, collection, custody, analysis,
				  evaluation, identification or use by an employee or former employee of the
				  Division of State Police of fingerprint or other forensic evidence;
(b) any and all unlawful acts or omissions or
				  alleged unlawful acts or omissions by any person in relation to instances of
				  perjury or suborning of perjury, falsifying or tampering with business or
				  public records, offering a false instrument for filing or any other act
				  amounting to official misconduct in connection with the requirement made
				  hereunder; and
(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 he conduct,
				  manage, prosecute and handle such other proper actions and proceedings relating
				  thereto as may come before said court and that he 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 his said
				  assistants or deputy, the Attorney General, as of the date hereof, supersede
				  and in the place and stead of the District Attorney of the County of Rockland
				  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 Rockland shall exercise only such powers and perform such duties
				  as are required of him by the Attorney General or said deputy so attending.
Signed: Mario M. Cuomo
Dated: November 5, 1993
Executive Order No. 165.9 
					 "
Authorizing payment of costs incurred by special
					 prosecutors and district attorneys for the investigation and prosecution of
					 cases arising from alleged acts of evidence tampering and perjury by employees
					 or former employees of the Division of State Police.
WHEREAS, the investigation and prosecution of all cases
					 involving the corrupt actions of police officers is necessary to ensure the
					 administration of justice and the restoration of public confidence in the
					 criminal justice system;
WHEREAS, an appropriate mechanism must exist to facilitate
					 the retrial of cases overturned on account of crimes committed by police
					 officers; and
WHEREAS, an appropriate method must exist to finance costs
					 incurred in the context of such investigations and prosecutions;
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, including section six  of the Executive Law, do hereby
					 authorize payment to special prosecutors and district attorneys appointed or
					 employed under County Law section 701 or 703 for expenses incurred in the
					 investigation, prosecution or re-prosecution of any case stemming from, arising
					 out of, or related to allegations involving the fabrication of fingerprint or
					 other forensic evidence by employees or former employees of the Division of
					 State Police where the fabrication was subject to the investigations authorized
					 by my prior Executive Orders.
Signed: Mario M. Cuomo
Dated: July 22, 1994
Footnotes
* [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.
]
* [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.
]
* [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.
]
* [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.
]
* [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.
]
* [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.
]
* [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.
]
* [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.
]
* [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.
]
[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.
]