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This entry was published on 2014-09-22
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SECTION 70-A
Statewide organized crime task force
Executive (EXC) CHAPTER 18, ARTICLE 5
§ 70-a. Statewide organized crime task force. 1. There shall be
established within the department of law a statewide organized crime
task force which, pursuant to the provisions of this section, shall have
the duty and power:

(a) To conduct investigations and prosecutions of organized crime
activities carried on either between two or more counties of this state
or between this state and another jurisdiction;

(b) To cooperate with and assist district attorneys and other local
law enforcement officials in their efforts against organized crime.

2. Notwithstanding any other provision of law, the governor and the
attorney general may, and without civil service examination, jointly
appoint and employ, fix his compensation, and at pleasure remove, a
deputy attorney general in charge of the organized crime task force. The
attorney general may, and without civil service examination, appoint and
employ, and at pleasure remove, such assistant deputies, accountants and
other persons as he deems necessary, determine their duties and, with
the approval of the governor, fix their compensation. The payments of
salaries and compensation of such officers and employees shall be in the
same manner as is prescribed in subdivision eight of section sixty-three
of this chapter.

3. The deputy attorney general in charge of the organized crime task
force may request and shall receive from the division of state police,
the state department of taxation and finance, the state department of
labor, the temporary state commission of investigation, and from every
department, division, board, bureau, commission or other agency of the
state, or of any political subdivision thereof, cooperation and
assistance in the performance of his duties. Such deputy attorney
general may provide technical and other assistance to any district
attorney or other local law enforcement official requesting such
assistance in the investigation or prosecution of organized crime cases.

4. The deputy attorney general in charge of the organized crime task
force is empowered to conduct hearings at any place within the state, to
administer oaths or affirmations, subpoena witnesses, compel their
attendance, examine them under oath or affirmation, and require the
production of any books, records, documents or other evidence he may
deem relevant or material to an investigation. He is empowered to apply
for search warrants pursuant to article six hundred ninety of the
criminal procedure law, and, except in exigent circumstances, shall give
prior notice of the application to the district attorney of the county
in which such a warrant is to be executed, and in such circumstances,
shall give such notice as soon thereafter as practicable; provided,
however, that the failure to give notice of a search warrant application
to a district attorney shall not be a ground to suppress the evidence
seized in executing the warrant. He may designate an assistant to
exercise any such powers. Every witness attending before such deputy
attorney general or his assistant shall be examined privately and the
particulars of such examination shall not be made public. If a person
subpoenaed to attend upon such inquiry fails to obey the command of a
subpoena without reasonable cause, or if a person in attendance upon
such inquiry shall, without reasonable cause, refuse to be sworn or to
be examined or to answer a question or to produce a book or paper, when
ordered so to do by the officer conducting such inquiry, he shall be
guilty of a class A misdemeanor.

5. Upon the application of the deputy attorney general in charge of
the organized crime task force, the supreme court or a justice thereof
may impound any exhibit marked in evidence in any hearing held in
connection with an investigation conducted by such deputy attorney
general, and may order such exhibit to be retained by, or delivered to
and placed in the custody of, such deputy. When so impounded, such
exhibit shall not be taken from the custody of such deputy except upon
further order of the court or a justice thereof made upon five days
notice to such deputy, or upon his application or with his consent.

6. In any hearing held in connection with an investigation conducted
by the deputy attorney general in charge of the organized crime task
force, the attorney general may confer immunity in accordance with the
provisions of section 50.20 of the criminal procedure law, but only
after affording the appropriate district attorney the opportunity to be
heard in respect to any objections which he may have to the granting of
such immunity.

7. With the approval of the governor and with the approval or upon the
request of the appropriate district attorney, the deputy attorney
general in charge of the organized crime task force, or one of his
assistants, may attend in person any term of the county court or supreme
court having appropriate jurisdiction, including an extraordinary
special or trial term of the supreme court when one is appointed
pursuant to section one hundred forty-nine of the judiciary law, or
appear before the grand jury thereof, for the purpose of managing and
conducting in such court or before such jury a criminal action or
proceeding concerned with an offense where any conduct constituting or
requisite to the completion of or in any other manner related to such
offense occurred either in two or more counties of this state, or both
within and outside this state. In such case, such deputy attorney
general or his assistant so attending shall exercise all the powers and
perform all the duties in respect of such actions or proceedings, which
the district attorney would otherwise be authorized or required to
exercise or perform. In any of such actions or proceedings the district
attorney shall only exercise such powers and perform such duties as are
required of him by such deputy attorney general.