N.Y. Judiciary Law Section 499-D
Functions

  • powers and duties

The commission shall have the following functions, powers and duties:

1.

To conduct hearings and investigations, 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 that it may deem relevant or material to an investigation; and the commission may designate any of its members or any member of its staff to exercise any such powers, provided, however, that except as is otherwise provided in § 499-E (Panels)section four hundred ninety-nine-e of this article, only a member of the commission or the administrator shall exercise the power to subpoena witnesses or require the production of books, records, documents or other evidence. In accordance with Civil Practice Law & Rules Law § 2304 (Motion to quash, fix conditions or modify)section twenty-three hundred four of the civil practice law and rules, a request to withdraw or modify a subpoena issued pursuant to this article may be made to the person who issued it and/or to the commission. The prosecuting agency may inform the commission, by affirmation with specificity and particularity, in a form and manner in which shall be prescribed by the commission, of its position that the commission’s investigations will substantially interfere with the agency’s own criminal investigation. If the prosecuting agency informs the commission of its basis for that position, the commission shall only exercise its powers in a way that will not interfere with an agency’s active investigation or prosecution and in no event shall the commission exercise its powers prior to the earlier of:

(a)

the filing of an accusatory instrument with respect to the crime or crimes that led to such prosecuting agency’s investigation and underlie the complaint; or

(b)

one year from the commencement of the occurrence of the crime or crimes that led to such prosecuting agency’s investigation and underlie the complaint.

2.

To confer immunity when the commission deems it necessary and proper in accordance with section 50.20 of the criminal procedure law; provided, however, that at least forty-eight hours prior written notice of the commission’s intention to confer such immunity is given the attorney general and the appropriate district attorney.

3.

To request and receive from any court, department, division, board, bureau, commission, or other agency of the state or political subdivision thereof or any public authority such assistance, information and data as will enable it properly to carry out its functions, powers and duties.

4.

To report annually, on or before the first day of March in each year and at such other times as the commission shall deem necessary, to the governor, the legislature and the chief judge of the court of appeals, with respect to proceedings which have been finally determined by the commission. Such reports may include legislative and administrative recommendations. The contents of the annual report and any other report shall conform to the provisions of this article relating to confidentiality.

5.

To adopt, promulgate, amend and rescind rules and procedures, not otherwise inconsistent with law, necessary to carry out the provisions and purposes of this article. All such rules and procedures shall be filed in the offices of the chief administrator of the courts and the secretary of state.

6.

To do all other things necessary and convenient to carry out its functions, powers and duties expressly set forth in this article.

Source: Section 499-D — Functions; powers and duties, https://www.­nysenate.­gov/legislation/laws/JUD/499-D (updated Apr. 5, 2019; accessed Jun. 22, 2024).

Accessed:
Jun. 22, 2024

Last modified:
Apr. 5, 2019

§ 499-D’s source at nysenate​.gov

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