New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 3 - Executive Orders (Hugh L. Carey) › Section 3.14 - Executive Order No. 14: Directing attendance of Attorney General at extraordinary special and trial term of the Supreme Court, Suffolk County

Current through Register Vol. 46, No. 28, July 10, 2024
I. 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 Suffolk County, Henry F. O'Brien, I hereby require
				  that you, the Attorney General of this State, attend in person, or by one or
				  more of your assistants or deputies, an Extraordinary Special and Trial Term of
				  the Supreme Court to be appointed by me to be held in and for the county of
				  Suffolk at the County Court House and any other term or terms of the Supreme
				  Court in and for the County of Suffolk, and that you, in person or by said
				  assistants or deputies, appear before the grand jury drawn for Said
				  extraordinary 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:
(a) any and
				  all unlawful acts or omissions or alleged unlawful acts or omissions by Eugene
				  R. Kelley, Police Commissioner of Suffolk County;
(b) any and all unlawful acts or omissions or
				  alleged unlawful acts or omissions by any officer, member or employee or former
				  officer, member or employee of the Suffolk County Police Department;
(c) any and all unlawful acts or omissions or
				  alleged unlawful acts or omissions by Henry F. O'Brien, District Attorney of
				  Suffolk County;
(d) any and all
				  unlawful acts or omissions or alleged unlawful acts or omissions by any
				  officer, member or employee or former officer, member or employee of the Office
				  of the District Attorney of Suffolk County; 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 extraordinary term 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 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.
Signed: Hugh L. Carey
Dated: September 12, 1975
Executive Order No. 14.1
TO: THE HONORABLE LOUIS J. LEFKOWITZ ATTORNEY GENERAL OF
					 THE STATE OF NEW YORK STATE CAPITOL ALBANY, NEW YORK
					 .........................................................................................................................
Article I of the order and requirement upon you, embodied
					 in Executive Order Number fourteen and dated September twelfth, one thousand
					 nine hundred seventy-five, is hereby amended by adding thereto a new
					 subdivision (e) to read as follows:
(e) any and all unlawful acts or omissions or
				  alleged unlawful acts or omissions by any person, which are in any way related
				  to any of the unlawful acts or omissions or alleged unlawful acts or omissions
				  specified in subdivisions (a), (b), (c), or (d);
Signed: Hugh L. Carey
Dated: December 11, 1975
Executive Order No. 14.2
TO: THE HONORABLE LOUIS J. LEFKOWITZ ATTORNEY GENERAL OF
					 THE STATE OF NEW YORK STATE CAPITAL 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 sixty three  of the Executive Law and the statutes and law in such case made and
					 provided, and in view of the request of Henry F. O'Brien, the District Attorney
					 of Suffolk County, Article I of the order and requirement upon you, embodied in
					 Executive Order Number 14, dated the twelfth day of September, nineteen hundred
					 seventy-five, as amended by Executive Order Number 14.1, dated the eleventh day
					 of December, nineteen hundred seventy-five, is hereby further amended by adding
					 thereto a new subdivision (f), to read as follows:
(f) any and all criminal offenses committed
				  by William F. O'Gorman, Jr., on or after the first day of March, nineteen
				  hundred seventy-three, and any and all criminal offenses in any way connected
				  or related thereto, except that this order and requirement shall not apply to
				  the following pending matters:
People
v.
Carmine Fatico, Louis
					 Caputo, William O'Gorman and Jerry Cowan,
Indictment Numbers 373-73
					 and 493-73;
People
v.
William O'Gorman,
					 Jr.,
Indictment Number 447-75; and
People
v.
William O'Gorman,
					 Jr.,
Suffolk County District Court, Docket Number 1075586;
Signed: Hugh L. Carey
Dated: July 20, 1976