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 4.83 - Executive order no. 83: requiring attorney general to supersede district attorney of jefferson county with reference to certain criminal proceedings

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
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 request of the District Attorney of Jefferson 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 to be
					 held in and for the County of Jefferson for the term of court commencing on
					 June twenty-third, nineteen hundred eighty-six and any other term or terms of
					 the Supreme Court in and for the County of Jefferson, and that you, in person
					 or by said assistants or deputies, appear before any 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:
(a) any and
				  all unlawful acts or omissions or alleged unlawful acts or omissions by any
				  officer, member or employee or former officer, member or employee of the
				  Jefferson County Sheriff's Department in relation to the investigation and
				  prosecution of the 1984 indictment against William Oakes;
(b) any and all unlawful acts or omissions or
				  alleged unlawful acts or omissions by any officer, member or employee or former
				  officer, member or employee of the New York State Police in relation to the
				  investigation and prosecution of the 1984 indictment against William
				  Oakes;
(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 Jefferson 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 Jefferson 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 Jefferson.
Signed: Mario M. CuomoDated: June 9, 1986
[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.]