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 4.175 - Executive Order No. 175: Requiring Attorney General to supersede District Attorney of Warren County with respect to the investigation into the allegations regarding William Montgomery and Jeffrey Matte. [*][DAGGER]

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, as you deem
					 appropriate and necessary after investigation, 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 Warren 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 proceeding,
					 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 alleged in
				  a report by the State Commission of Investigation, entitled, An Investigation
				  into the Conduct of Warren County District Attorney William E. Montgomery
				  (hereinafter "The Report"), to have been committed in Warren County by either
				  William E. Montgomery or Jeffrey Matte;
(b) any and all unlawful acts or omissions or
				  alleged unlawful acts or omissions by any person in relation to the
				  investigation of the allegations contained in The Report;
(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 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 Warren 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 Warren 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 investigation and prosecution of the proceedings enumerated herein,
					 including the salary or other compensation of all deputies and assistants
					 employed shall be a charge upon the County of Warren.
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. Cuomo
Dated: August 31, 1993
Executive Order No. 175.1
*
[DAGGER]
Requiring Attorney General to supersede District
					 Attorney of Warren County with respect to the investigation into the
					 allegations regarding William Montgomery, Jeffrey Matte and any other
					 allegations related to or committed incident to these allegations or discovered
					 in the investigation or prosecution thereof.
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 of your assistants or deputies, a term or terms of the Supreme Court to be
					 held in and for the County of Warren 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 proceeding,
					 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 alleged in
				  a report by the State Commission of Investigation, entitled, An Investigation
				  into the Conduct of Warren County District Attorney William E. Montgomery
				  (hereinafter "The Report"), to have been committed in Warren County by either
				  William E. Montgomery or Jeffrey Matte;
(b) any and all unlawful acts or omissions or
				  alleged unlawful acts or omissions related to the prosecutions of Philip J.
				  Viger, Sr., Philip J. Viger, Jr., Eric A. Gamboa or David A. LaPointe and any
				  other alleged crimes or alleged unlawful acts or omissions related to or
				  committed incident to these alleged crimes or discovered in the investigation
				  or prosecution thereof;
(c) any and
				  all unlawful acts or omissions or alleged unlawful acts or omissions by any
				  person in relation to the investigation of the allegations contained in The
				  Report; and
(d) 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 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 Warren 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 Warren
				  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 investigation and prosecution of the proceedings enumerated herein,
					 including the salary or other compensation of all deputies and assistants
					 employed shall be a charge upon the County of Warren.
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. Cuomo
Dated: March 7, 1994
Footnotes
* [Revoked by Executive Order
					 No. 31 (George E. Pataki),
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.
]
* [Revoked by Executive Order
					 No. 31 (George E. Pataki),
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.
]