N.Y. Comp. Codes R. & Regs. tit. 9 § 10400.1

Current through Register Vol. 46, No. 53, December 31, 2024

Section 10400.1 - Definitions

For the purpose of this Part, the following terms have the following meanings:

(a)Administrator shall mean an individual appointed by the commission pursuant to section 499-c, subdivision 7 of the Judiciary Law.

(b)Administrator's complaint shall mean a complaint signed by the administrator at the direction of the commission.

(c)Answer shall mean a written response to a formal written complaint.

(d)Clerk of the Commission shall mean an individual appointed by the commission pursuant to section 10400.12 of this Part.

(e)Complainant shall mean a person or entity that submits a complaint to the commission.

(f)Complaint shall mean a written communication signed and, if directed by the commission, verified by the complainant, making an allegation about a prosecutor's conduct pursuant to sections 499-a and 499-f of the Judiciary Law, or an administrator's complaint.

(g)Commission shall mean the New York State Commission on Prosecutorial Conduct.

(h)Dismissal shall mean a decision at any stage not to proceed further with a complaint and/or formal complaint.

(i)Electronic copy shall mean a digital version of a document or piece of information accessible via electronic devices, including computers, tablets, and smartphones.

(j)Formal written complaint shall mean a detailed, written allegation of prosecutorial misconduct, signed and verified by the administrator, submitted to initiate a hearing concerning the prosecutor's conduct.

(k)Hearing shall mean a proceeding under section 499-f, subdivision 4 of the Judiciary Law wherein the commission may take the testimony of witnesses and receive evidentiary data and material relevant to the complaint. The respondent prosecutor shall have the right to call and cross-examine witnesses and present evidence and material relevant to the complaint.

(l)Initial review and inquiry shall mean the first stage of the commission's process, in which the commission staff may engage in preliminary analysis and fact-finding to aid the commission in determining whether to authorize an investigation.

(m)Investigation shall mean an examination of a specific complaint and/or the prosecutor's conduct, including the collection and analysis of relevant evidence, testimony under oath or affirmation, and documentation, conducted by the commission or its staff. An investigation shall only be initiated at the direction of the commission.

(n)Prosecutor shall mean a district attorney or any assistant district attorney of any county of the State in an action to exact any criminal penalty, fine, sanction or forfeiture.

(o)Referee shall mean an individual appointed by the commission pursuant to section 499-e, subdivision 2 of the Judiciary Law.

(p)Respondent shall mean the individual against whom a formal written complaint has been filed with the commission.

(q)Virtual or virtually shall be used to refer to commission proceedings conducted with two way videoconferencing that permits all parties to simultaneously hear and observe other participants.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 10400.1

Adopted New York State Register December 18, 2024/Volume XLVI, Issue 51, eff. 12/18/2024