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This entry was published on 2019-10-18
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SECTION 40.51
Previous prosecution: presidential reprieve, pardon or other form of clemency
Criminal Procedure (CPL) CHAPTER 11-A, PART 1, TITLE C, ARTICLE 40
§ 40.51 Previous prosecution: presidential reprieve, pardon or other

form of clemency.

When a person has been granted a reprieve, pardon or other form of
clemency for an offense pursuant to the authority granted in section two
of article two of the United States constitution, a separate or
subsequent prosecution of an offense is not barred under this article
when the people demonstrate, by clear and convincing evidence, that:

1. (a) such person served in or was employed by the executive branch
of the government of the United States on the executive staff of the
president, in the executive office of the president, or in an acting or
confirmed capacity in a position subject to confirmation by the United
States senate, at a time when the president granting such reprieve,
pardon or other form of clemency served as president or vice-president
of the United States; or (b) such person was directly or indirectly
employed by, or acted as an agent of, the election, transition or
re-election campaign of the president granting such reprieve, pardon or
other form of clemency or any for-profit or not-for-profit entity owned
or controlled by the president granting such reprieve, pardon or other
form of clemency; or

2. such person was, at the time the president granted such reprieve,
pardon or other form of clemency, related by consanguinity or affinity
within the sixth degree to the president granting such reprieve, pardon
or other form of clemency; or

3. such person bears accessorial liability, as defined in section
20.00 of the penal law, or conspiratorial liability, within the meaning
of article one hundred five of the penal law, for such offense with one
or more persons described in subdivision one or two of this section; or

4. the president who granted such reprieve, pardon or other form of
clemency to such person (a) was thereby aided in avoiding potential
prosecution or conviction; (b) knowingly obtained a benefit from such
offense; or (c) knowingly obtained a tangible, material benefit from or
on behalf of such person; or

5. such person possessed or possesses information material to the
determination of any criminal or civil investigation, enforcement action
or prosecution of the president granting such reprieve, pardon or other
form of clemency, or of one or more persons described in subdivision
one, two or three of this section.