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 1.55 - Executive order no. 55: [placing requirement on attorney general in relation to certain crimes committed by public servants in the county of new york.]

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
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 recommendation of the Commission to Investigate
				  Allegations of Police Corruption in the City of New York, 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 New
				  York at the County Court House and any other term or terms of the Supreme Court
				  in and for the County of New York, 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 corrupt acts and omissions by a public
					 servant or former public servant occurring heretofore or hereafter in the
					 County of New York in violation of any provision of State or local law and
					 arising out of, relating to or in any way connected with the enforcement of law
					 or administration of criminal justice in the City of New York;
(b) any and all acts and omissions and alleged acts and
					 omissions by any person occurring heretofore or hereafter in the County of New
					 York in violation of any provision of State or local law and arising out of,
					 relating to or in any way connected with corrupt acts or omissions by a public
					 servant or former public servant arising out of, relating to or in any way
					 connected with the enforcement of law or administration of criminal justice in
					 the City of New York;
(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
					 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 New York 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 New York shall exercise only
					 such powers and perform such duties as are required of him by you or your
					 assistants or deputies so attending.
II. 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.
III. For purposes of this requirement the
				  following terms have the following meanings:
(a) "Person" means a human being, and where appropriate, a
					 public or private corporation, an unincorporated association, a partnership, a
					 government or a governmental instrumentality.
(b) "Public servant" means (a) any public officer or
					 employee of the state or any political subdivision thereof or of any
					 governmental instrumentality within the state, or (b) any person exercising the
					 functions of any such public officer or employee. The term public servant
					 includes a person who has been elected or designated to become a public
					 servant.
(c) "Corrupt acts and omissions" includes, but is not
					 limited to:
(1) any act or alleged act by a public servant relating to
					 his office but constituting an unauthorized exercise of his official
					 functions;
(2) any failure or alleged failure by a public servant to
					 perform a duty which is imposed upon him by State or local law or
					 administrative rule or regulation or is clearly inherent in the nature of his
					 office;
(3) any and all acts or omissions or alleged acts or
					 omissions constituting a violation of the following sections or of the sections
					 within the following articles of the Penal Law:
(i) Sections 135.60 and 135.65(Coercion)
(ii) Article 155 (Larceny)
(iii) Sections 195.00 (Official Misconduct) and 195.05
					 (Obstructing governmental administration)
(iv) Article 200 (Bribery involving public servants and
					 related offenses)
(v) Article 210 (Perjury and related offenses)
IV. This requirement shall not
				  apply to the management and conduct of the prosecution of any indictment filed
				  in said court on or before the date of this requirement.
Signed: Nelson A. RockefellerDated: September 19,
					 1972
TO: THE HONORABLE LOUIS J. LEFKOWITZ
ATTORNEY GENERAL OF THE STATE OF NEW YORK
STATE CAPITOL
ALBANY, NEW YORK
Article I of my order and requirement to you, embodied in
					 Executive Order Number fifty-five dated September nineteenth, nineteen hundred
					 seventy-two, is hereby amended by relettering subdivision (c) thereof to be
					 subdivision (d) and adding thereto one new subdivision, to be subdivision (c),
					 to read as follows: "(c) without limiting the foregoing provisions, any and all
					 acts and omissions and alleged acts and omissions by any person occurring
					 heretofore or hereafter in the County of New York in violation of any provision
					 of State or local law and arising out of, relating to or in any way connected
					 with the receipt, possession, or disposal of dangerous drugs by the Police
					 Department of the City of New York, its officers, employees, or agents;"
Signed: Nelson A. RockefellerDated: December 28,
					 1972
TO: THE HONORABLE LOUIS J. LEFKOWITZ
ATTORNEY GENERAL OF THE STATE OF NEW YORK
STATE CAPITOL
ALBANY, NEW YORK 12224
WHEREAS, on the nineteenth day of September, one thousand
					 nine hundred seventy-two, Governor Nelson A. Rockefeller made a requirement
					 upon you, embodied in Executive Order Number 55, in relation to the County of
					 New York, New York; and
WHEREAS, on the eighteenth day of December, one thousand
					 nine hundred seventy-three, I issued Executive Order Number 1, continuing the
					 validity and effectiveness of executive orders theretofore issued by the
					 Governors of the State of New York; and
WHEREAS, on the sixth day of February, one thousand nine
					 hundred seventy-four, the term of the District Attorney of New York County
					 expired; and
WHEREAS, on the seventh day of February, one thousand nine
					 hundred seventy-four, the term of the newly appointed District Attorney of New
					 York County commenced;
NOW, THEREFORE, I do hereby reaffirm and continue the order
					 and requirement upon you, embodied in Executive Order Number 55 and dated the
					 nineteenth day of September, one thousand nine hundred seventy-two, as
					 heretofore and hereafter amended, effective the seventh day of February, one
					 thousand nine hundred seventy-four.
Signed: Malcolm A. WilsonDated: February 19, 1974
TO: THE HONORABLE LOUIS J. LEFKOWITZ
ATTORNEY GENERAL OF THE STATE OF NEW YORK
STATE CAPITOL
ALBANY, NEW YORK
In view of the request of Special Deputy Attorney General
					 John F. Keenan, and the request of the District Attorney of New York County,
					 Robert M. Morgenthau, Article I of the order and requirement to you, embodied
					 in Executive Order Number fifty-five dated September nineteenth, nineteen
					 hundred seventy-two, is hereby amended by relettering subdivision (d) thereof
					 to be subdivision (e) and adding thereto one new subdivision, to be subdivision
					 (d), to read as follows: (d) Any and all unlawful acts or omissions or alleged
					 unlawful acts or omissions by any person arising out of, relating to or in any
					 way connected with the subject matter of an investigation presently pending in
					 the office of the Special Prosecutor, entitled:
People v. John Doe, Special Prosecutor Index Number
					 B-220/76;
Signed: Hugh L. CareyDated: December 1, 1976
TO: THE HONORABLE LOUIS J. LEFKOWITZ
ATTORNEY GENERAL OF THE STATE OF NEW YORK
STATE CAPITOL
ALBANY, NEW YORK
In view of the request of the Special Deputy Attorney
					 General John F. Keenan, and the request of District Attorney of New York
					 County, Robert M. Morgenthau, Article I of the order and requirement to you,
					 embodied in Executive Order Number fifty-five dated September nineteenth,
					 nineteen hundred seventy-two, is hereby amended by relettering subdivision (e)
					 thereof to be subdivision (f) and adding thereto one new subdivision, to be
					 subdivision (e), to read as follows: (e) Any and all unlawful acts or omissions
					 or alleged unlawful acts or omissions by any person arising out of, relating
					 to, or in any way connected with the subject matter of an investigation
					 presently pending in the Office of the Special Prosecutor, entitled:
People v. John Doe, Special Prosecutor's Office Case Number
					 78-0533-M-171;
Signed: Hugh L. CareyDated: November 16, 1978
TO: THE HONORABLE ROBERT ABRAMS
ATTORNEY GENERAL OF THE STATE OF NEW YORK
STATE CAPITOL
ALBANY, NEW YORK
In view of the request of the Special Deputy Attorney
					 General Roderick C. Lankler, and the request of District Attorney of New York
					 County, Robert M. Morgenthau, Article I of the order and requirement to you,
					 embodied in Executive Order Number fifty-five dated September nineteenth,
					 nineteen hundred seventy-two, is hereby amended by relettering subdivision (f)
					 thereof to be subdivision (g) and adding thereto one new subdivision, to be
					 subdivision (f), to read as follows: (f) Any and all unlawful acts or omissions
					 or alleged unlawful acts or omissions by any person arising out of, relating
					 to, or in any way connected with the subject matter of an investigation
					 presently pending in the Office of the Special Prosecutor, entitled:
People v. John Doe, Special Prosecutor's Office Case Number
					 79-0094-K-34.
Signed: Hugh L. CareyDated: June 1, 1979
TO: THE HONORABLE ROBERT ABRAMS
ATTORNEY GENERAL OF THE STATE OF NEW YORK
STATE CAPITOL
ALBANY, NEW YORK
In view of the request of the Special Deputy Attorney
					 General Roderick C. Lankler, and the request of District Attorney of New York
					 County, Robert M. Morgenthau, Article I of the order and requirement to you,
					 embodied in Executive Order Number 55 dated September nineteenth, nineteen
					 hundred seventy-two is hereby amended by relettering subdivision (g) thereof to
					 be subdivision (h) and adding thereto one new subdivision, to be subdivision
					 (g), to read as follows: (g) Any and all acts or omissions or alleged unlawful
					 acts or omissions by any person arising out of, relating to, or in any way
					 connected with the subject matter of an investigation presently pending in the
					 Office of the Special Prosecutor, entitled:
People v. John Doe, Special Prosecutor's Office Case Number
					 79-0215-M-71.
Signed: Hugh L. CareyDated: September 27, 1979
[FN*] [Order consisting of list of cases not published.
					 Copies obtainable from Secretary of State.]
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					 Copies obtainable from Secretary of State.]
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					 Copies obtainable from Secretary of State.]
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					 Copies obtainable from Secretary of State.]
[FN*] [Order consisting of list of cases not published.
					 Copies obtainable from Secretary of State.]
[FN*] [Order consisting of list of cases not published.
					 Copies obtainable from Secretary of State.]
[FN*] [Order consisting of list of cases not published.
					 Copies obtainable from Secretary of State.]
[FN*] [Order consisting of list of cases not published.
					 Copies obtainable from Secretary of State.]
[FN*] [Order consisting of list of cases not published.
					 Copies obtainable from Secretary of State.]
[FN*] [Order consisting of list of cases not published.
					 Copies obtainable from Secretary of State.]