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 4.106 - Executive order no. 106: requiring attorney general to supersede district attorney of dutchess county with reference to certain proceedings involving tawana brawley

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, and
					 in view of the request of the District Attorney of Dutchess 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 Dutchess, for the term of court commencing on
					 January fourth, nineteen hundred eighty-eight and any other term or terms of
					 the Supreme Court in and for the County of Dutchess, 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
				  person in relation to an incident involving Tawana Brawley;
(b) any and all unlawful acts or omissions or
				  alleged unlawful acts or omissions by any person in relation to the
				  investigation of an incident involving Tawana Brawley; and
(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 place and stead of the District
				  Attorney of the County of Dutchess 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 Dutchess 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 Dutchess.
Signed: Mario M. CuomoDated: January 26, 1988
[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.]
[FN*] [Order consisting of list of cases not published.
					 Copies obtainable from Secretary of State.]
[FN[DOUBLE 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.]