N.Y. Comp. Codes R. & Regs. tit. 9 § 1.55

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

Section 1.55 - Executive order no. 55: [placing requirement on attorney general in relation to certain crimes committed by public servants in the county of new york.]

TO: THE HONORABLE LOUIS J. LEFKOWITZ

ATTORNEY GENERAL OF THE STATE OF NEW YORK

STATE CAPITOL

ALBANY, NEW YORK

I. 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 recommendation of the Commission to Investigate Allegations of Police Corruption in the City of New York, I hereby require that you, the Attorney General of this State, attend in person, or by one or more of your assistants or deputies, an Extraordinary Special and Trial Term of the Supreme Court to be appointed by me to be held in and for the county of New York at the County Court House and any other term or terms of the Supreme Court in and for the County of New York, and that you, in person or by said assistants or deputies, appear before the grand jury drawn for said extraordinary 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:

(a) any and all corrupt acts and omissions by a public servant or former public servant occurring heretofore or hereafter in the County of New York in violation of any provision of State or local law and 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;

(b) any and all acts and omissions and alleged acts and omissions by any person occurring heretofore or hereafter in the County of New York 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;

(c) any and all acts and omissions and alleged acts and omissions occurring heretofore or hereafter to obstruct, hinder or interfere with any inquiry, prosecution, trial or judgment pursuant to or connected with this requirement;

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 extraordinary 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 New York 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 New York shall exercise only such powers and perform such duties as are required of him by you or your assistants or deputies so attending.

II. Pursuant to subdivision 8 of section 63 of the Executive Law, I also find it to be in the public interest to require that you inquire into matters concerning the public peace, public safety and public justice with respect to the subjects which are within the scope of this requirement, and I so direct you to do so in person or by your assistant or deputies and to have the powers and duties specified in such subdivision 8 for the purposes of this requirement.

III. For purposes of this requirement the following terms have the following meanings:

(a) "Person" means a human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.

(b) "Public servant" means (a) any public officer or employee of the state or any political subdivision thereof or of any governmental instrumentality within the state, or (b) any person exercising the functions of any such public officer or employee. The term public servant includes a person who has been elected or designated to become a public servant.

(1) any act or alleged act by a public servant relating to his office but constituting an unauthorized exercise of his official functions;

(2) any failure or alleged failure by a public servant to perform a duty which is imposed upon him by State or local law or administrative rule or regulation or is clearly inherent in the nature of his office;

(3) any and all acts or omissions or alleged acts or omissions constituting a violation of the following sections or of the sections within the following articles of the Penal Law:

(i) Sections 135.60 and 135.65(Coercion)

(ii) Article 155 (Larceny)

(iii) Sections 195.00 (Official Misconduct) and 195.05 (Obstructing governmental administration)

(iv) Article 200 (Bribery involving public servants and related offenses)

(v) Article 210 (Perjury and related offenses)

IV. This requirement shall not apply to the management and conduct of the prosecution of any indictment filed in said court on or before the date of this requirement.

Signed: Nelson A. RockefellerDated: September 19, 1972

TO: THE HONORABLE LOUIS J. LEFKOWITZ

ATTORNEY GENERAL OF THE STATE OF NEW YORK

STATE CAPITOL

ALBANY, NEW YORK

Article I of my order and requirement to you, embodied in Executive Order Number fifty-five dated September nineteenth, nineteen hundred seventy-two, is hereby amended by relettering subdivision (c) thereof to be subdivision (d) and adding thereto one new subdivision, to be subdivision (c), to read as follows: "(c) without limiting the foregoing provisions, any and all acts and omissions and alleged acts and omissions by any person occurring heretofore or hereafter in the County of New York in violation of any provision of State or local law and arising out of, relating to or in any way connected with the receipt, possession, or disposal of dangerous drugs by the Police Department of the City of New York, its officers, employees, or agents;"

Signed: Nelson A. RockefellerDated: December 28, 1972

TO: THE HONORABLE LOUIS J. LEFKOWITZ

ATTORNEY GENERAL OF THE STATE OF NEW YORK

STATE CAPITOL

ALBANY, NEW YORK 12224

WHEREAS, on the nineteenth day of September, one thousand nine hundred seventy-two, Governor Nelson A. Rockefeller made a requirement upon you, embodied in Executive Order Number 55, in relation to the County of New York, New York; and

WHEREAS, on the eighteenth day of December, one thousand nine hundred seventy-three, I issued Executive Order Number 1, continuing the validity and effectiveness of executive orders theretofore issued by the Governors of the State of New York; and

WHEREAS, on the sixth day of February, one thousand nine hundred seventy-four, the term of the District Attorney of New York County expired; and

WHEREAS, on the seventh day of February, one thousand nine hundred seventy-four, the term of the newly appointed District Attorney of New York County commenced;

NOW, THEREFORE, I do hereby reaffirm and continue the order and requirement upon you, embodied in Executive Order Number 55 and dated the nineteenth day of September, one thousand nine hundred seventy-two, as heretofore and hereafter amended, effective the seventh day of February, one thousand nine hundred seventy-four.

Signed: Malcolm A. WilsonDated: February 19, 1974

TO: THE HONORABLE LOUIS J. LEFKOWITZ

ATTORNEY GENERAL OF THE STATE OF NEW YORK

STATE CAPITOL

ALBANY, NEW YORK

In view of the request of Special Deputy Attorney General John F. Keenan, and the request of the District Attorney of New York County, Robert M. Morgenthau, Article I of the order and requirement to you, embodied in Executive Order Number fifty-five dated September nineteenth, nineteen hundred seventy-two, is hereby amended by relettering subdivision (d) thereof to be subdivision (e) and adding thereto one new subdivision, to be subdivision (d), to read as follows: (d) 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 an investigation presently pending in the office of the Special Prosecutor, entitled:

People v. John Doe, Special Prosecutor Index Number B-220/76;

Signed: Hugh L. CareyDated: December 1, 1976

TO: THE HONORABLE LOUIS J. LEFKOWITZ

ATTORNEY GENERAL OF THE STATE OF NEW YORK

STATE CAPITOL

ALBANY, NEW YORK

In view of the request of the Special Deputy Attorney General John F. Keenan, and the request of District Attorney of New York County, Robert M. Morgenthau, Article I of the order and requirement to you, embodied in Executive Order Number fifty-five dated September nineteenth, nineteen hundred seventy-two, is hereby amended by relettering subdivision (e) thereof to be subdivision (f) and adding thereto one new subdivision, to be subdivision (e), to read as follows: (e) 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 an investigation presently pending in the Office of the Special Prosecutor, entitled:

People v. John Doe, Special Prosecutor's Office Case Number 78-0533-M-171;

Signed: Hugh L. CareyDated: November 16, 1978

TO: THE HONORABLE ROBERT ABRAMS

ATTORNEY GENERAL OF THE STATE OF NEW YORK

STATE CAPITOL

ALBANY, NEW YORK

In view of the request of the Special Deputy Attorney General Roderick C. Lankler, and the request of District Attorney of New York County, Robert M. Morgenthau, Article I of the order and requirement to you, embodied in Executive Order Number fifty-five dated September nineteenth, nineteen hundred seventy-two, is hereby amended by relettering subdivision (f) thereof to be subdivision (g) and adding thereto one new subdivision, to be subdivision (f), to read as follows: (f) 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 an investigation presently pending in the Office of the Special Prosecutor, entitled:

People v. John Doe, Special Prosecutor's Office Case Number 79-0094-K-34.

Signed: Hugh L. CareyDated: June 1, 1979

TO: THE HONORABLE ROBERT ABRAMS

ATTORNEY GENERAL OF THE STATE OF NEW YORK

STATE CAPITOL

ALBANY, NEW YORK

In view of the request of the Special Deputy Attorney General Roderick C. Lankler, and the request of District Attorney of New York County, Robert M. Morgenthau, Article I of the order and requirement to you, embodied in Executive Order Number 55 dated September nineteenth, nineteen hundred seventy-two is hereby amended by relettering subdivision (g) thereof to be subdivision (h) and adding thereto one new subdivision, to be subdivision (g), to read as follows: (g) Any and all 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 an investigation presently pending in the Office of the Special Prosecutor, entitled:

People v. John Doe, Special Prosecutor's Office Case Number 79-0215-M-71.

Signed: Hugh L. CareyDated: September 27, 1979

[FN*] [Order consisting of list of cases not published. Copies obtainable from Secretary of State.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 1.55