32 Cited authorities

  1. Morrison v. Olson

    487 U.S. 654 (1988)   Cited 470 times   7 Legal Analyses
    Holding that independent counsel provision of Ethics in Government Act of 1978, 28 U.S.C. § 591 et seq., is not a congressional or judicial usurpation of executive functions, despite President's veto power
  2. Matter of Schumer v. Holtzman

    60 N.Y.2d 46 (N.Y. 1983)   Cited 226 times
    In Matter of Schumer v Holtzman (60 N.Y.2d 46, 55), a case involving removal, we held that generally a public prosecutor should not be removed unless necessary to protect a defendant from "actual prejudice arising from a demonstrated conflict of interest or a substantial risk of an abuse of confidence" (id.; see also, People v Herr, 86 N.Y.2d 638; People v Jackson, supra).
  3. Matter of Dondi v. Jones

    351 N.E.2d 650 (N.Y. 1976)   Cited 243 times
    In Matter of Dondi v Jones (40 N.Y.2d 8, 13, supra), we recognized that prohibition would be an appropriate remedy if it were found that a Special Prosecutor was exceeding the authority conferred upon him through Executive Order by prosecuting a particular criminal defendant under an existing indictment.
  4. People v. Shinkle

    51 N.Y.2d 417 (N.Y. 1980)   Cited 108 times
    In People v. Shinkle (51 N.Y.2d 417), citing to the ABA Standards Relating to Prosecution Function and the Code of Professional Responsibility, this Court held that "[d]efendant, and indeed the public at large, are entitled to protection against the appearance of impropriety and the risk of prejudice attendant on abuse of confidence, however slight * * *" (id. at 421).
  5. People v. Soddano

    655 N.E.2d 161 (N.Y. 1995)   Cited 67 times
    Reaffirming this rule
  6. United States v. Goot

    894 F.2d 231 (7th Cir. 1990)   Cited 72 times
    Holding no evidentiary hearing necessary where moving party failed to "make a substantial showing" of actual disclosure or prejudice
  7. People v. Adams

    2013 N.Y. Slip Op. 2107 (N.Y. 2013)   Cited 30 times
    In Adams, the Court ruled that the prosecutor's refusal to permit defendant to plead guilty to a lesser charge because the complainant, a sitting judge, opposed it, was one of the “rare” instances where the appearance of impropriety mandated disqualification.
  8. Soares v. Herrick

    2012 N.Y. Slip Op. 8055 (N.Y. 2012)   Cited 28 times
    In Soares, the District Attorney of Albany County obtained an indictment against five individuals for the sale of steroids, but the defendants successfully moved to dismiss four successive indictments against them.
  9. Matter of McGinley v. Hynes

    412 N.E.2d 376 (N.Y. 1980)   Cited 62 times
    Finding the issuance of a writ of prohibition is appropriate in extraordinary circumstances against an inferior judicial tribunal or officer, but questioning whether a writ of prohibition is ever appropriate when prosecutor is carrying out purely investigatory function as opposed to quasi-judicial or judicial behavior
  10. People v. Herr

    86 N.Y.2d 638 (N.Y. 1995)   Cited 35 times
    Ruling that the appearance of impropriety alone is not sufficient to require sanction or disqualification in the absence of actual prejudice or substantial risk
  11. Section 701 - Special district attorney

    N.Y. County Law § 701   Cited 125 times

    1. Whenever the district attorney of any county and such assistants as he or she may have shall not be in attendance at a term of any court of record, which he or she is by law required to attend, or are disqualified from acting in a particular case to discharge his or her duties at a term of any court, a superior criminal court in the county wherein the action is triable may, by order: (a) appoint some attorney at law having an office in or residing in the county, or any adjoining county, to act

  12. Section 9 - Deputies, their appointment, number and duties

    N.Y. Pub. Off. Law § 9   Cited 32 times

    Every deputy, assistant, or other subordinate officer, whose appointment or election is not otherwise provided for, shall be appointed by his principal officer, board or other body, and the number thereof, if not otherwise prescribed by law, shall be limited in the discretion of the appointing power. If there is but one deputy, he shall, unless otherwise prescribed by law, possess the powers and perform the duties of his principal during the absence or inability to act of his principal, or during

  13. Section 702 - Assistant district attorneys

    N.Y. County Law § 702   Cited 24 times

    1. The board of supervisors shall have power to authorize the district attorney to appoint one or more assistant district attorneys. Every such appointment shall be in a writing filed and recorded in the office of the county clerk. The person appointed shall take the prescribed oath of office and furnish any required official undertaking. Any appointment may be revoked at any time by the district attorney by filing a written revocation in the office of the county clerk. 2. The assistant shall perform

  14. Section 200.15 - Appointment of a Special District Attorney

    N.Y. Comp. Codes R. & Regs. tit. 22 § 200.15   Cited 9 times

    Any party filing with a superior court an application for appointment of a special district attorney, pursuant to section 701 of the County Law, shall make the application to the Chief Administrator of the Courts or to an appropriate Deputy Chief Administrative Judge. The Chief Administrator, Deputy Chief Administrative Judge, or appropriate Administrative Judge shall assign a superior court judge to consider the application as provided by law, selected from a list of judges established for that

  15. § 0.136 [Reserved]

    28 C.F.R. § 0.136