Hofstra Law Review


On September 19, 1972, Governor Nelson A. Rockefeller of New York, acting pursuant to state constitutional and statutory authority, issued a series of Executive Orders which directed the State's Attorney General to:

. . . attend in person, or by one or more of [his] assistants or deputies, an Extraordinary Special and Trial Term of the Supreme Court ... to be held in and for [each of the counties comprising part of the City of New York] ...

for the purpose of investigating and prosecuting past, present, and future corruption relating to or in any way connected with the enforcement of law and administration of criminal justice in the City of New York.

What the Governor had done, in fact, was to direct the Attorney General to appoint a Special Prosecutor, as a Special Deputy Attorney General, and to create the Office of the Special State Prosecutor. Moreover, the Governor took the extraordinary step of giving the Attorney General power superseding those which New York City's five district attorneys have within their respective counties as to the specific subject matter jurisdiction encompassed within the Orders.

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