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This entry was published on 2014-09-22
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SECTION 702
Assistant district attorneys
County (CNT) CHAPTER 11, ARTICLE 18
§ 702. Assistant district attorneys. 1. The board of supervisors shall
have power to authorize the district attorney to appoint one or more
assistant district attorneys. Every such appointment shall be in a
writing filed and recorded in the office of the county clerk. The person
appointed shall take the prescribed oath of office and furnish any
required official undertaking. Any appointment may be revoked at any
time by the district attorney by filing a written revocation in the
office of the county clerk.

2. The assistant shall perform such duties pertaining to the office as
may be directed by the district attorney.

3. The assistant during the absence or inability of the district
attorney shall perform the powers and duties of the office of district
attorney.

4. In the event that more than one assistant is appointed, the
district attorney shall designate in writing and file in the office of
the county clerk and clerk of the board of supervisors the order in
which such assistants shall exercise the powers and duties of the office
in the event of a vacancy or the absence or inability of such district
attorney to perform the duties of the office.

5. In the event of a vacancy in the office of district attorney, the
assistant, or if more than one has been appointed, the assistant so
designated, shall perform the powers and duties of the office of
district attorney until a successor is appointed and has qualified.

6. Notwithstanding any provision of law with respect to requirements
of residence, a district attorney of a county within a city having a
population of one million or more may appoint one or more assistant
district attorneys who are not residents of such county, but who reside
within the geographical territory of such city.

7. Notwithstanding any provision of law with respect to the
requirements of residence, a district attorney may appoint one or more
attorneys employed by the department of taxation and finance as special
assistant district attorneys with respect to any investigation or
prosecution concerning, in whole or part, a violation of article
thirty-seven of the tax law or of the penal law as it applies to the
enforcement of any provision of the tax law.