§ 702. Assistant district attorneys.

373 words·~2 min read·/ny/county/district-attorney/702

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§ 702. Assistant district attorneys. 1. The board of supervisors shall

have power to authorize the district attorney to appoint one or more

assistant district attorneys. Every such appointment shall be in a

writing filed and recorded in the office of the county clerk. The person

appointed shall take the prescribed oath of office and furnish any

required official undertaking. Any appointment may be revoked at any

time by the district attorney by filing a written revocation in the

office of the county clerk.

2. The assistant shall perform such duties pertaining to the office as

may be directed by the district attorney.

3. The assistant during the absence or inability of the district

attorney shall perform the powers and duties of the office of district

attorney.

4. In the event that more than one assistant is appointed, the

district attorney shall designate in writing and file in the office of

the county clerk and clerk of the board of supervisors the order in

which such assistants shall exercise the powers and duties of the office

in the event of a vacancy or the absence or inability of such district

attorney to perform the duties of the office.

5. In the event of a vacancy in the office of district attorney, the

assistant, or if more than one has been appointed, the assistant so

designated, shall perform the powers and duties of the office of

district attorney until a successor is appointed and has qualified.

6. Notwithstanding any provision of law with respect to requirements

of residence, a district attorney of a county within a city having a

population of one million or more may appoint one or more assistant

district attorneys who are not residents of such county, but who reside

within the geographical territory of such city.

7. Notwithstanding any provision of law with respect to the

requirements of residence, a district attorney may appoint one or more

attorneys employed by the department of taxation and finance as special

assistant district attorneys with respect to any investigation or

prosecution concerning, in whole or part, a violation of article

thirty-seven of the tax law or of the penal law as it applies to the

enforcement of any provision of the tax law.