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 4.184 - Executive order no. 184: requiring the attorney general to supersede the district attorney of delaware county with respect to the prosecution of the homicide allegations regarding john spencer

Current through Register Vol. 46, No. 28, July 10, 2024
TO: THE HONORABLE G. OLIVER KOPPELL
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, as you deem
					 appropriate and necessary after investigation, attend in person, or by one or
					 more or your assistants or deputies, a term or terms of the Supreme Court to be
					 held in and for the County of Delaware 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 relating
				  to the killing of Benjamin Reynolds and Beverly Kilmer and cany involvement
				  that John Spencer may have had in those events;
(b) any other alleged crimes or unlawful acts
				  or omissions related to or committed incident to these alleged crimes or
				  unlawful acts or omissions, or discovered in the investigation or prosecution
				  thereof; and
(c) any and all acts
				  or omissions or alleged acts or 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 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 such
				  District Attorney by you or your assistants or deputies so attending.
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: August 15, 1994
[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.]