N.Y. Comp. Codes R. & Regs. tit. 9 § 4.89

Current through Register Vol. 46, No. 25, June 18, 2024
Section 4.89 - Executive order no. 89: requiring attorney general to supersede district attorney of queens county with reference to certain criminal proceedings

TO: THE HONORABLE ROBERT ABRAMS

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 Queens 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 Queens for the month of January, nineteen hundred eighty-seven, and any other term or terms of the Supreme Court in and for the County of Queens, 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 any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person arising out of, relating to or in any way connected with the subject matter of the criminal proceedings entitled:

People v. Scott Kern, New York City Criminal Court Docket No. 6Q039056;

People v. Jason Ladone, New York City Criminal Court Docket No. 6Q039057;

People v. Jon Lester, New York City Criminal Court Docket No. 6Q039058;

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 the place and stead of the District Attorney of the County of Queens 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 Queens shall exercise only such powers and perform such duties as are required of him by you or your assistants or deputies so attending.

This Order shall not in any way limit the authority embodied in Executive Order Number 57 [§ 1.57 ] dated September 19, 1972 and any subsequent amendments thereto.

Signed: Mario M. CuomoDated: January 16, 1987

[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.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.89