N.Y. Comp. Codes R. & Regs. tit. 9 § 3.31

Current through Register Vol. 46, No. 17, April 24, 2024
Section 3.31 - Executive Order No. 31: [Requiring Attorney General to supersede District Attorney of Albany County with reference to certain criminal proceedings.]

TO: THE HONORABLE LOUIS J. LEFKOWITZ 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 Albany 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 Albany for the month of February, nineteen hundred seventy-six, and any other term or terms of the Supreme Court in and for the County of Albany, 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 the criminal proceeding entitled People v. John Doe, Special Prosecutor for Health and Social Services File Number NY9-16, and any and all offenses that are in any way related thereto; 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 term 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 Albany 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 Albany shall exercise only such powers and perform such duties as are required of him by you or your assistants or deputies so attending.

Signed: Hugh L. Carey

Dated: February 13, 1976

N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.31