§ 702 — Assistant district attorneys

New York § 702

• Jurisdiction: New York
• Law CNT: County
• Art. 18: District Attorney

Text

§ 702. Assistant district attorneys. 1. The board of supervisors shall\nhave power to authorize the district attorney to appoint one or more\nassistant district attorneys. Every such appointment shall be in a\nwriting filed and recorded in the office of the county clerk. The person\nappointed shall take the prescribed oath of office and furnish any\nrequired official undertaking. Any appointment may be revoked at any\ntime by the district attorney by filing a written revocation in the\noffice of the county clerk.\n 2. The assistant shall perform such duties pertaining to the office as\nmay be directed by the district attorney.\n 3. The assistant during the absence or inability of the district\nattorney shall perform the powers and duties of the office of district\nattorney.\n 4. In the event that more than one assistant is appointed, the\ndistrict attorney shall designate in writing and file in the office of\nthe county clerk and clerk of the board of supervisors the order in\nwhich such assistants shall exercise the powers and duties of the office\nin the event of a vacancy or the absence or inability of such district\nattorney to perform the duties of the office.\n 5. In the event of a vacancy in the office of district attorney, the\nassistant, or if more than one has been appointed, the assistant so\ndesignated, shall perform the powers and duties of the office of\ndistrict attorney until a successor is appointed and has qualified.\n 6. Notwithstanding any provision of law with respect to requirements\nof residence, a district attorney of a county within a city having a\npopulation of one million or more may appoint one or more assistant\ndistrict attorneys who are not residents of such county, but who reside\nwithin the geographical territory of such city.\n 7. Notwithstanding any provision of law with respect to the\nrequirements of residence, a district attorney may appoint one or more\nattorneys employed by the department of taxation and finance as special\nassistant district attorneys with respect to any investigation or\nprosecution concerning, in whole or part, a violation of article\nthirty-seven of the tax law or of the penal law as it applies to the\nenforcement of any provision of the tax law.\n