Section 70. Deputy attorney-general to act as special district attorney  


Latest version.
  • 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 other.