N.Y. Comp. Codes R. & Regs. tit. 9 § 4.175

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

Section 4.175 - Executive Order No. 175: Requiring Attorney General to supersede District Attorney of Warren County with respect to the investigation into the allegations regarding William Montgomery and Jeffrey Matte. [*][DAGGER]

TO: THE HONORABLE ROBERT ABRAMS ATTORNEY GENERAL OF THE STATE OF NEW YORK STATE CAPITOL ALBANY, NEW YORK 12224 .......................................................................................

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, I hereby require that you, the Attorney General of this State, as you deem appropriate and necessary after investigation, attend in person, or by one or more of your assistants or deputies, a term or terms of the Supreme Court to be held in and for the County of Warren and that you, in person or by said assistants or deputies, appear before any grand jury drawn for any other term or terms 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 proceeding, 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 unlawful acts or omissions or alleged unlawful acts or omissions alleged in a report by the State Commission of Investigation, entitled, An Investigation into the Conduct of Warren County District Attorney William E. Montgomery (hereinafter "The Report"), to have been committed in Warren County by either William E. Montgomery or Jeffrey Matte;

(b) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person in relation to the investigation of the allegations contained in The Report;

(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 terms of court, or 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 herewith, 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 Warren exercise all the powers and perform all the duties conferred upon you by 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 Warren shall exercise only such powers and perform such duties as are required of him by you or your assistants or deputies so attending.

Pursuant to the provisions of subdivision two of section 63 of the Executive Law, all expenses incurred by the Attorney General in relation to the investigation and prosecution of the proceedings enumerated herein, including the salary or other compensation of all deputies and assistants employed shall be a charge upon the County of Warren.

Pursuant to subdivision eight 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 assistants or deputies and to have the powers and duties specified in such subdivision for the purposes of this requirement.

Signed: Mario M. Cuomo

Dated: August 31, 1993

Executive Order No. 175.1

^*

^[DAGGER]

Requiring Attorney General to supersede District Attorney of Warren County with respect to the investigation into the allegations regarding William Montgomery, Jeffrey Matte and any other allegations related to or committed incident to these allegations or discovered in the investigation or prosecution thereof.

TO: THE HONORABLE G. OLIVER KOPPELL ATTORNEY GENERAL OF THE STATE OF NEW YORK STATE CAPITOL ALBANY, NEW YORK 12224 ..................................................................................

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, I hereby require that you, the Attorney General of this State, as you deem appropriate and necessary after investigation, attend in person, or by one or more of your assistants or deputies, a term or terms of the Supreme Court to be held in and for the County of Warren and that you, in person or by said assistants or deputies, appear before any grand jury drawn for any other term or terms 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 proceeding, 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 unlawful acts or omissions or alleged unlawful acts or omissions alleged in a report by the State Commission of Investigation, entitled, An Investigation into the Conduct of Warren County District Attorney William E. Montgomery (hereinafter "The Report"), to have been committed in Warren County by either William E. Montgomery or Jeffrey Matte;

(b) any and all unlawful acts or omissions or alleged unlawful acts or omissions related to the prosecutions of Philip J. Viger, Sr., Philip J. Viger, Jr., Eric A. Gamboa or David A. LaPointe and any other alleged crimes or alleged unlawful acts or omissions related to or committed incident to these alleged crimes or discovered in the investigation or prosecution thereof;

(c) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person in relation to the investigation of the allegations contained in The Report; and

(d) 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 terms of court, or 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 herewith, 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 Warren exercise all the powers and perform all the duties conferred upon you by 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 Warren shall exercise only such powers and perform such duties as are required of him by you or your assistants or deputies so attending.

Pursuant to the provisions of subdivision two of section 63 of the Executive Law, all expenses incurred by the Attorney General in relation to the investigation and prosecution of the proceedings enumerated herein, including the salary or other compensation of all deputies and assistants employed shall be a charge upon the County of Warren.

Pursuant to subdivision eight 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 assistants or deputies and to have the powers and duties specified in such subdivision for the purposes of this requirement.

Signed: Mario M. Cuomo

Dated: March 7, 1994

Footnotes

^* [Revoked by Executive Order No. 31 (George E. Pataki), infra.]

^[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.]

^* [Revoked by Executive Order No. 31 (George E. Pataki), infra.]

^[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 § 4.175