N.Y. Executive Law § 70-a: Statewide organized crime task force

§ 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.