New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 3 - Executive Orders (Hugh L. Carey) › Section 3.29 - Executive Order No. 29: [Requiring Attorney General to inquire into certain public charges made by Special State Prosecutor.]

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
					 .........................................................................................................................
WHEREAS, On December 23, 1975, I announced my decision that
					 Maurice H. Nadjari be replaced as Special Deputy Attorney General assigned to
					 investigate corruption in the criminal justice system in New York City and that
					 there be an orderly transfer of the functions of that office to a new Special
					 Deputy Attorney General; and
WHEREAS, Special State Prosecutor Nadjari has publicly
					 charged that my decision to replace him was the result of improper influences
					 exerted upon me by unnamed persons; and
WHEREAS, the existence of such unresolved public charges
					 may impair my ability to carry out my constitutional responsibilities as
					 Governor; and
WHEREAS, the charges made by the Special Prosecutor
					 directly relate to the proper administration of justice in this State, and are
					 clearly matters concerning the public peace, public safety and public justice;
					 and
WHEREAS, the public interest demands that these charges be
					 thoroughly and expeditiously investigated and resolved in a fair, impartial and
					 independent inquiry and that a public report be made of the findings of such an
					 investigation;
NOW, THEREFORE, pursuant to Article IV, section three of
					 the Constitution of the State of New York, and the provisions of subdivision
					 eight of section 63  of the Executive Law, and in accordance with the statute
					 and law in such case made and provided, I 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 charges made by Special State
					 Prosecutor Maurice H. Nadjari that my decision to replace him as the Special
					 Deputy Attorney General assigned to investigate corruption in the criminal
					 justice system in New York City was the result of improper influences exerted
					 upon me by unnamed persons, 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 eight for the purpose of this requirement, including the power to
					 subpoena witnesses, compel their attendance, examine them under oath before
					 yourself, your assistant or deputy or a magistrate and require the production
					 of any books or papers which are deemed relevant or material to the inquiry. In
					 conducting this inquiry you or any assistant or deputy you may appoint shall,
					 consistent with your responsibility to fully investigate the matters set forth
					 in this requirement, avoid interfering with investigations and grand jury
					 proceedings being conducted pursuant to the orders and requirements to you
					 embodied in Executive Orders fifty-five, fifty-six, fifty-seven, fifty-eight
					 and fifty-nine, dated September nineteen, one thousand nine hundred
					 seventy-two, and continued by my Executive Order Number One, dated January one,
					 one thousand nine hundred seventy-five. In this regard, I specifically
					 recommend that any assistant or deputy appointed by you in connection with this
					 requirement refrain from taking any action which may result in the conferral of
					 immunity upon any witness, except upon your express approval.
Signed: Hugh L. Carey
Dated: January 28, 1976