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 4.122 - Executive order no. 122: requiring attorney general to supersede district attorney of orange county with reference to certain proceedings and the investigation of the death of jimmy lee bruce, jr

Current through Register Vol. 46, No. 28, July 10, 2024
TO: THE HONORABLE ROBERT ABRAMS
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, attend in person,
					 or by one or more of your assistants or deputies, a term or terms of the
					 Supreme Court to be held in and for the County of Orange, 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 by any person in relation to the death of
				  Jimmy Lee Bruce, Jr.;
(b) any and
				  all unlawful acts or omissions or alleged unlawful acts or omissions by any
				  person in relation to the investigation of the death of Jimmy Lee Bruce,
				  Jr.;
(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 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 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 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 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 Orange.
Signed: Mario M. CuomoDated: April 5, 1989
[FN**] [Revoked by Executive Order No. 31 (George E.
					 Pataki), infra.]