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This entry was published on 2014-09-22
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Deputy attorney-general to act as special district attorney
Executive (EXC) CHAPTER 18, ARTICLE 5
§ 70. Deputy attorney-general to act as special district attorney.

Whenever the governor shall advise the attorney-general that he has
reason to doubt whether in any county the law relating to crimes against
the elective franchise is properly enforced, the attorney-general shall
require from the district attorney of such county, and it shall be the
duty of such district attorney forthwith to make to the attorney-general
a report of all prosecutions and complaints within his county during the
year then last past for offenses under the election law and of the
action had thereon.

The attorney-general shall assign one or more of his deputies to take
charge of prosecutions under the election law. Such deputy shall
represent the people of this state in all such prosecutions before all
magistrates and in all courts and before any grand jury having
cognizance thereof. The deputies so assigned shall be appointed pursuant
to section sixty-two of this chapter. They may be especially appointed
thereunder for the purpose of such assignment and for the performance of
the duties herein described.

Whenever the attorney-general shall advise the governor that there is
occasion for an extraordinary term in any such county to inquire into
and try cases arising under article sixteen of the election law, the
governor may appoint an extraordinary term of the supreme court to be
constituted and held for the trial of criminal cases in such county,
pursuant to section one hundred forty-nine of the judiciary law. Grand
and petit juries shall be drawn and summoned for said term in the manner
provided by law, and such cases shall be brought before such inquest and
court as the attorney-general shall direct. All the provisions of
sections sixty-three and sixty-seven of this chapter shall apply to such
extraordinary term.

It shall be the duty of the district attorney of the county, and of
the assistants, clerks and employees in his office, and of all police
authorities, officers and men within any such county, to render to the
attorney-general and his deputy whenever requested, all aid and
assistance within their power in such prosecutions and in the conduct of
such cases. The jurisdiction conferred upon the attorney-general herein
to prosecute crimes, is concurrent in each county with that of the
district attorney; but whichever of such officers shall first assume
jurisdiction of a particular offense shall have exclusive jurisdiction
to prosecute for the same unless or until the governor shall, by written
order filed with both such officers, give such jurisdiction to the