N.Y. Criminal Procedure Law § 40.51: Previous prosecution: presidential reprieve, pardon or other form of clemency

§ 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.