New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 1 - Executive Orders (Nelson A. Rockefeller) › Section 1.78 - Executive Order No. 78: Amending unnumbered Executive Order dated October 29, 1971 regarding inquiry into incident at Attica Correctional Facility

Current through Register Vol. 46, No. 28, July 10, 2024
TO: THE HONORABLE LOUIS J. LEFKOWITZ ATTORNEY GENERAL OF
					 THE STATE OF NEW YORK STATE CAPITOL ALBANY, NEW YORK
					 .........................................................................................................................
My order and requirement to you, embodied in an Executive
					 Order dated October twenty-ninth, nineteen hundred and seventy-one, is hereby
					 amended to read as follows:
Pursuant to the Constitution of the State of New York and
					 the provisions of section 63  of the Executive Law and the statutes and law in
					 such case made and provided, and in view of the request to me by Louis R.
					 James, District Attorney of Wyoming County, 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 of the Supreme Court held in and for the county
					 of Wyoming for the month of November, nineteen hundred seventy-one, and that
					 you, in person or by said assistants or deputies, appear before the grand jury
					 drawn for said 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 any and all acts heretofore or hereafter
					 committed or omitted or alleged to have been committed or omitted, relating to,
					 in any way connected with, or occurring during the possession and control of a
					 portion of Attica Correctional Facility by inmates of said facility, located in
					 Wyoming County, between on or about September 9, 1971 and September 13, 1971
					 and the resumption of possession and control thereof by lawful authorities
					 including, but not limited to, violations of any provision of law relating to
					 the commission of criminal acts or omissions, the investigation, detection,
					 apprehension and prosecution of the person or persons believed to have
					 committed the same and of any offense arising out of such investigation and
					 prosecution, and the conduct of persons, public servants, agents and officers;
					 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 term of court or at
					 any term of a supreme court at which any and all indictments which may be found
					 or removed 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 Wyoming or of any county to which such indictments are removed
					 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 Wyoming or of any county to which such indictments are removed
					 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 subdivision 8 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 assistant or deputies and to have
					 the powers and duties specified in such subdivision 8 for the purposes of this
					 requirement.
Signed: Nelson A. Rockefeller
Dated: September 6, 1973