§ 70 — Deputy attorney-general to act as special district attorney

New York § 70

• Jurisdiction: New York
• Law EXC: Executive
• Art. 5: Department of Law

Text

§ 70. Deputy attorney-general to act as special district attorney.\n Whenever the governor shall advise the attorney-general that he has\nreason to doubt whether in any county the law relating to crimes against\nthe elective franchise is properly enforced, the attorney-general shall\nrequire from the district attorney of such county, and it shall be the\nduty of such district attorney forthwith to make to the attorney-general\na report of all prosecutions and complaints within his county during the\nyear then last past for offenses under the election law and of the\naction had thereon.\n The attorney-general shall assign one or more of his deputies to take\ncharge of prosecutions under the election law. Such deputy shall\nrepresent the people of this state in all such prosecutions before all\nmagistrates and in all courts and before any grand jury having\ncognizance thereof. The deputies so assigned shall be appointed pursuant\nto section sixty-two of this chapter. They may be especially appointed\nthereunder for the purpose of such assignment and for the performance of\nthe duties herein described.\n Whenever the attorney-general shall advise the governor that there is\noccasion for an extraordinary term in any such county to inquire into\nand try cases arising under article sixteen of the election law, the\ngovernor may appoint an extraordinary term of the supreme court to be\nconstituted and held for the trial of criminal cases in such county,\npursuant to section one hundred forty-nine of the judiciary law. Grand\nand petit juries shall be drawn and summoned for said term in the manner\nprovided by law, and such cases shall be brought before such inquest and\ncourt as the attorney-general shall direct. All the provisions of\nsections sixty-three and sixty-seven of this chapter shall apply to such\nextraordinary term.\n It shall be the duty of the district attorney of the county, and of\nthe assistants, clerks and employees in his office, and of all police\nauthorities, officers and men within any such county, to render to the\nattorney-general and his deputy whenever requested, all aid and\nassistance within their power in such prosecutions and in the conduct of\nsuch cases. The jurisdiction conferred upon the attorney-general herein\nto prosecute crimes, is concurrent in each county with that of the\ndistrict attorney; but whichever of such officers shall first assume\njurisdiction of a particular offense shall have exclusive jurisdiction\nto prosecute for the same unless or until the governor shall, by written\norder filed with both such officers, give such jurisdiction to the\nother.\n