New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle A - Governor's Office
Chapter I - Executive Orders
Part 4 - Executive Orders (Mario M. Cuomo)
Section 4.128 - Executive Order No. 128: Requiring Attorney General to supersede District Attorney of Kings County with reference to certain criminal proceedings. [*][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, and in view of the request of the District Attorney of Kings County, I hereby require that you, the Attorney General of the State, 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 Kings, 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 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. Daniel J. Penofsky
New York City Criminal Court Docket No. 9K053627
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 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 Kings 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 Kings shall exercise only such powers and perform such duties as are required of her 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 prosecution of the proceedings enumerated herein, including the salary or other compensation of all deputies employed shall be a charge upon the county of Kings.
This Order shall not in any way limit the authority embodied in Executive Order 58, dated September 19, 1972 and any subsequent amendments thereto.
Signed: Mario M. Cuomo
Dated: August 31, 1989
Executive Order No. 128.1
*
[DAGGER]
TO: THE HONORABLE ROBERT ABRAMS ATTORNEY GENERAL OF THE STATE OF NEW YORK STATE CAPITOL ALBANY, NEW YORK 12224 .............................................................................
The order and requirement to you, embodied in Executive Order 128 and dated August 31, 1989, is hereby amended by adding thereto after "People v. Daniel J. Penofsky New York City Criminal Court Docket No. 9K053627" the following case, to read as follows:
People v. Daniel Penofsky
Supreme County, Kings County, Indictment No. 12632/89
Signed: Mario M. Cuomo
Dated: July 13, 1990
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.]
