New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle A - Governor's Office
Chapter I - Executive Orders
Part 1 - Executive Orders (Nelson A. Rockefeller)
Section 1.78 - Executive Order No. 78: Amending unnumbered Executive Order dated October 29, 1971 regarding inquiry into incident at Attica Correctional Facility

TO: THE HONORABLE LOUIS J. LEFKOWITZ ATTORNEY GENERAL OF THE STATE OF NEW YORK STATE CAPITOL ALBANY, NEW YORK .........................................................................................................................

My order and requirement to you, embodied in an Executive Order dated October twenty-ninth, nineteen hundred and seventy-one, is hereby amended to read as follows:

Pursuant to the Constitution of the State of New York and the provisions of section 63 of the Executive Law and the statutes and law in such case made and provided, and in view of the request to me by Louis R. James, District Attorney of Wyoming 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 held in and for the county of Wyoming for the month of November, nineteen hundred seventy-one, and that you, in person or by said assistants or deputies, appear before the 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 acts heretofore or hereafter committed or omitted or alleged to have been committed or omitted, relating to, in any way connected with, or occurring during the possession and control of a portion of Attica Correctional Facility by inmates of said facility, located in Wyoming County, between on or about September 9, 1971 and September 13, 1971 and the resumption of possession and control thereof by lawful authorities including, but not limited to, violations of any provision of law relating to the commission of criminal acts or omissions, the investigation, detection, apprehension and prosecution of the person or persons believed to have committed the same and of any offense arising out of such investigation and prosecution, and the conduct of persons, public servants, agents and officers; 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 term of court or at any term of a supreme court at which any and all indictments which may be found or removed 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 Wyoming or of any county to which such indictments are removed 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 Wyoming or of any county to which such indictments are removed 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 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.

Signed: Nelson A. Rockefeller

Dated: September 6, 1973