Section 702. Assistant district attorneys  


Latest version.
  • 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.