N.Y. Comp. Codes R. & Regs. tit. 9 § 3.53

Current through Register Vol. 46, No. 17, April 24, 2024

Section 3.53 - Executive order no. 53: [directing a review of the criminal justice system of the city of new york, in the wake of looting during a power blackout.]

Whereas, the massive electrical blackout which recently occurred in the New York City metropolitan area was accompanied by large scale theft and destruction of property which threatened the peace and safety of residents in large areas of the city; and

WHEREAS, it is essential to public safety and justice that all those who committed criminal acts during this time of community emergency be accorded swift and certain justice under the laws of this State, and it is equally essential that those against whom criminal charges cannot be established be released from custody without undue delay; and

WHEREAS, the criminal justice system of the City of New York has been overburdened by the large number of arrests which occurred during the blackout emergency, resulting in delays in the processing of criminal cases; and

WHEREAS, this situation has resulted in great public concern as to the ability of the criminal justice system to effectively deal with such emergency situations;

NOW, THEREFORE, I, Hugh L. Carey, Governor of the State of New York, by virtue of the authority vested in me by article IV, section 3, of the Constitution of the State of New York and the provisions of article 35 of the Executive Law, hereby order that:

1. The Commissioner of the Division of Criminal Justice Services begin immediately to monitor the administration of justice with regard to the arrests made during the recent blackout emergency and to promptly report to me recommendations for appropriate State or local action which may be required for the effective and speedy administration of justice with respect to these cases;

2. The Crime Control Planning Board undertake an immediate review of the response of the New York City criminal justice and juvenile justice systems to the recent emergency and recommend for my consideration proposals to improve the ability of the criminal justice and juvenile justice systems to effectively respond to such emergencies in the future and to provide for better coordination among the various criminal justice agencies, including the police, prosecutors, public defenders, the judiciary and correctional services, during times of emergency.

Signed: Hugh L. CareyDated: July 19, 1977

N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.53