§ 70-A — Statewide organized crime task force

New York § 70-A

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

Text

§ 70-a. Statewide organized crime task force. 1. There shall be\nestablished within the department of law a statewide organized crime\ntask force which, pursuant to the provisions of this section, shall have\nthe duty and power:\n (a) To conduct investigations and prosecutions of organized crime\nactivities carried on either between two or more counties of this state\nor between this state and another jurisdiction;\n (b) To cooperate with and assist district attorneys and other local\nlaw enforcement officials in their efforts against organized crime.\n 2. Notwithstanding any other provision of law, the governor and the\nattorney general may, and without civil service examination, jointly\nappoint and employ, fix his compensation, and at pleasure remove, a\ndeputy attorney general in charge of the organized crime task force. The\nattorney general may, and without civil service examination, appoint and\nemploy, and at pleasure remove, such assistant deputies, accountants and\nother persons as he deems necessary, determine their duties and, with\nthe approval of the governor, fix their compensation. The payments of\nsalaries and compensation of such officers and employees shall be in the\nsame manner as is prescribed in subdivision eight of section sixty-three\nof this chapter.\n 3. The deputy attorney general in charge of the organized crime task\nforce may request and shall receive from the division of state police,\nthe state department of taxation and finance, the state department of\nlabor, the temporary state commission of investigation, and from every\ndepartment, division, board, bureau, commission or other agency of the\nstate, or of any political subdivision thereof, cooperation and\nassistance in the performance of his duties. Such deputy attorney\ngeneral may provide technical and other assistance to any district\nattorney or other local law enforcement official requesting such\nassistance in the investigation or prosecution of organized crime cases.\n 4. The deputy attorney general in charge of the organized crime task\nforce is empowered to conduct hearings at any place within the state, to\nadminister oaths or affirmations, subpoena witnesses, compel their\nattendance, examine them under oath or affirmation, and require the\nproduction of any books, records, documents or other evidence he may\ndeem relevant or material to an investigation. He is empowered to apply\nfor search warrants pursuant to article six hundred ninety of the\ncriminal procedure law, and, except in exigent circumstances, shall give\nprior notice of the application to the district attorney of the county\nin which such a warrant is to be executed, and in such circumstances,\nshall give such notice as soon thereafter as practicable; provided,\nhowever, that the failure to give notice of a search warrant application\nto a district attorney shall not be a ground to suppress the evidence\nseized in executing the warrant. He may designate an assistant to\nexercise any such powers. Every witness attending before such deputy\nattorney general or his assistant shall be examined privately and the\nparticulars of such examination shall not be made public. If a person\nsubpoenaed to attend upon such inquiry fails to obey the command of a\nsubpoena without reasonable cause, or if a person in attendance upon\nsuch inquiry shall, without reasonable cause, refuse to be sworn or to\nbe examined or to answer a question or to produce a book or paper, when\nordered so to do by the officer conducting such inquiry, he shall be\nguilty of a class A misdemeanor.\n 5. Upon the application of the deputy attorney general in charge of\nthe organized crime task force, the supreme court or a justice thereof\nmay impound any exhibit marked in evidence in any hearing held in\nconnection with an investigation conducted by such deputy attorney\ngeneral, and may order such exhibit to be retained by, or delivered to\nand placed in the custody of, such deputy. When so impounded, such\nexhibit shall not be taken from the custody of such deputy except upon\nfurther order of the court or a justice thereof made upon five days\nnotice to such deputy, or upon his application or with his consent.\n 6. In any hearing held in connection with an investigation conducted\nby the deputy attorney general in charge of the organized crime task\nforce, the attorney general may confer immunity in accordance with the\nprovisions of section 50.20 of the criminal procedure law, but only\nafter affording the appropriate district attorney the opportunity to be\nheard in respect to any objections which he may have to the granting of\nsuch immunity.\n 7. With the approval of the governor and with the approval or upon the\nrequest of the appropriate district attorney, the deputy attorney\ngeneral in charge of the organized crime task force, or one of his\nassistants, may attend in person any term of the county court or supreme\ncourt having appropriate jurisdiction, including an extraordinary\nspecial or trial term of the supreme court when one is appointed\npursuant to section one hundred forty-nine of the judiciary law, or\nappear before the grand jury thereof, for the purpose of managing and\nconducting in such court or before such jury a criminal action or\nproceeding concerned with an offense where any conduct constituting or\nrequisite to the completion of or in any other manner related to such\noffense occurred either in two or more counties of this state, or both\nwithin and outside this state. In such case, such deputy attorney\ngeneral or his assistant so attending shall exercise all the powers and\nperform all the duties in respect of such actions or proceedings, which\nthe district attorney would otherwise be authorized or required to\nexercise or perform. In any of such actions or proceedings the district\nattorney shall only exercise such powers and perform such duties as are\nrequired of him by such deputy attorney general.\n