N.Y. Executive Law § 70: Deputy attorney-general to act as special district attorney

§ 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

other.