N.Y. Comp. Codes R. & Regs. tit. 9 § 4.139

Current through Register Vol. 46, No. 43, October 23, 2024

Section 4.139 - Executive order no. 139: termination of requirement of attorney general in relation to certain crimes committed by public servants in the counties of new york, bronx, queens, kings and richmond

TO: THE HONORABLE ROBERT ABRAMS

ATTORNEY GENERAL OF THE STATE OF NEW YORK

STATE CAPITOL

ALBANY, NEW YORK 12224

WHEREAS, on September 19, 1972, at the recommendation of the Commission to Investigate Allegations of Police Corruption in the City of New York, the Governor, in Executive Orders 55, 56, 57, 58 and 59, made requirements upon you pursuant to article IV section three of the Constitution of the State of New York, the provisions of subdivisions two and eight of section 63 of the Executive Law and the statutes and law in such case made and provided, in relation to the appearance in person, or by one or more of your assistants or deputies, before the grand or petit juries of the Supreme Court, held in and for the counties of New York, Bronx, Queens, Kings and Richmond, for the purpose of managing and conducting in said court and before said juries any and all proceedings which may be had or taken by or before said court or juries concerning or relating to:

(a) any and all acts and omissions and alleged acts and omissions by any public servant, former public servant or person occurring in the aforementioned counties in violation of any provision of State or local law and arising out of, relating to or in any way connected with corrupt acts or omissions by a public servant or former public servant arising out of, relating to or in any way connected with the enforcement of law or administration of criminal justice in the City of New York, and any and all acts and omissions and alleged acts and omissions intended to obstruct, hinder or interfere with any inquiry, prosecution, trial or judgment pursuant to or connected with that requirement; and

(b) that you conduct, manage, prosecute and handle such other proper actions and proceedings relating thereto as came before said courts at which any and all indictments which were found and which were thereafter to be tried, pursuant to or in connection with that 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 that date, supersede and in the place and stead of the District Attorney of the aforementioned counties exercise all the powers and perform all the duties conferred upon you by the statutes and law in such case made and provided and under that requirement; and

WHEREAS, the office established to fulfill this function, known as the Office of the Special Prosecutor for Corruption in the Criminal Justice System of the City of New York, has performed superbly over the course of its lifespan; and

WHEREAS, today, after years of vigorous investigation and prosecution, sweeping reforms and the considerable enhancement of the resources and capabilities of the aforementioned district attorneys' offices have dramatically eliminated the need for this special corruption prosecution function.

NOW, THEREFORE, I hereby terminate the requirement upon you of September 19, 1972 and return these functions to the appropriate district attorneys effective October 1, 1990.

Signed: Mario M. CuomoDated: Nov. 7, 1990.

[FN*] [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.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.139