New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 9 - Executive Orders (Kathy Hochul) › Section 9.53 - Executive Order No. 53: A Special Prosecutor To Investigate And, If Warranted Prosecute Matters Arising Out of or Related to Executive Order 147.41

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the Constitution of the State of New York obliges
					 the Governor to take care that the laws of New York are faithfully executed;
					 and
WHEREAS, I have solemnly sworn, pursuant to Article 13,
					 Section 1 of the Constitution, to support the Constitution and faithfully
					 discharge the duties of the office of Governor; and
WHEREAS, on December 22, 2020, on the New York State
					 Thruway, Interstate 87, in Ulster County, a vehicular collision took place
					 between New York State Police Trooper Christopher Baldner and another
					 individual that caused the death of Monica Goods ("The Goods Incident");
					 and
WHEREAS, pursuant to Executive Orders 147 and 147.41, the
					 Attorney General was designated the special prosecutor to investigate the
					 circumstances of the Goods Incident, and, if warranted, to prosecute any
					 involved law enforcement officer; and
WHEREAS, tire Attorney General learned, during the
					 investigation into die Goods Incident, that Trooper. Baldner engaged in prior
					 similar conduct on two occasions leading to two prior motor vehicle collisions;
					 and
WHEREAS, the Attorney General will place the Goods Incident
					 before an Ulster County Grand Jury and ask the grand jury to consider any and
					 all appropriate charges against Trooper Baldner; and
WHEREAS, as part of the grand jury presentation of the
					 Goods Incident, the Attorney General will call the two individuals involved in
					 the two prior incidents with Trooper Baldner as part of the evidence in chief;
					 and
WHEREAS, the Attorney General seeks authority to ask the
					 grand jury to consider charging Trooper Baldner with appropriate criminal
					 charges regarding the two prior incidents, and if the grand jury votes to
					 charge Trooper Baldner, authority to prosecute those charges in addition to
					 charges related to the Goods Incident, and
WHEREAS, it is vital to ensure that the laws of New York
					 State have not been violated by any member of the New York State. Police; and
					 in the interest injudicial economy and
WHEREAS, the foregoing compels me to conclude that in this
					 case, to ensure full confidence in our system of criminal justice and without
					 objection from the Ulster County District Attorney, a special prosecutor should
					 be appointed . whose authority should supersede in all ways the authority and
					 jurisdiction of the Ulster County District Attorney to manage, interpret,
					 prosecute or inquire into the specified matters,
NOW, THEREFORE I, KATHLEEN HOCHUL, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and Laws
					 of the State of New York, and particularly by subdivision 2 of section 63  of
					 the Executive Law, hereby authorize the Attorney General (hereinafter, the
					 "special prosecutor") to investigate and, if warranted, prosecute all unlawful
					 acts or omissions or alleged unlawful acts or omissions, including the making
					 of false statements including perjury, by any person arising out of, relating
					 to, or in any way connected with:
* The January 26, 2017, Vehicular Collision Involving New
					 York State Tropper Christopher Baldner, Operating A Marked Trooper Vehicle, and
					 a Civilian Operating a Civilian Vehicle, on the New York State Thruway,
					 Interstate 87, Ulster County, New York; and
* The September 6, 2019, Vehicular Collision involving New
					 York State Trooper Christopher Baldner, Operating a marked Trooper Vehicle, and
					 a Civilian Operating a Civilan Vehicle, with two other persons inside, on the
					 New York State Thruway, Interstate 87, Ulster County, New York, and
FURTHER. the special prosecutor shall have all of the
					 powers and duties specified in subdivisions 2 and 8 of section 63  of the
					 Executive Law for purposes of this Order and shall possess and exercise all the
					 prosecutorial powers necessary to investigate and, if warranted, prosecute any
					 individual relative to the specified incidents, and the special prosecutor's
					 jurisdiction shall displace and supersede the jurisdiction of the Ulster County
					 District Attorney, who shall have only those powers and duties designated to
					 him by the special prosecutor, as specified in subdivision 2 of section 63  of
					 the Executive Law; and
FURTHER, for any matter covered herein, the special
					 prosecutor shall be authorized to
(i) attend
					 a term or terms of the County or Supreme Court to be held in and for the County
					 of Ulster,
(ii) appear before any
					 grand jury drawn for any term(s) of said court, for the purpose of conducting
					 any and all proceedings, examinations, and inquiries, and
(iii) bring any and all criminal actions and
					 proceedings which may be had or taken before said grand jury and other grand
					 juries concerning or relating to any and all alleged unlawful acts as described
					 by the Order.
This Executive Order shall continue until modified,
					 suspended or terminated by the Governor.
GIVEN under my hand and the Privy Seal of the State in the
					 City of Albany this twentieth day of October in the year two thousand
					 twenty-one.
Signed: Kathy Hochul
Dated: October 20, 2021