2012 New York Consolidated Laws
CNT - County
Article 23 - (825 - 852) PROVISIONS APPLICABLE TO CERTAIN COUNTIES
825 - District attorneys in certain counties.


NY Cty L § 825 (2012) What's This?
 
    § 825. District attorneys in certain counties.  The district attorneys
  of  Erie,  Monroe  and Onondaga counties may each appoint in and for his
  county, in the manner provided in section  seven  hundred  two  of  this
  chapter  and  with  like  powers,  such number of assistants as shall be
  fixed and determined by resolution of the board of supervisors.  All  of
  the  persons  so appointed shall be called assistant district attorneys.
  Each of said assistant district attorneys shall receive such  salary  as
  shall be fixed and determined by said board of supervisors. The district
  attorney  shall  designate  in  the order appointing such assistants the
  salary which each of such assistants shall receive, subject, however, to
  the  limitations  prescribed  by  such  resolution  of  the   board   of
  supervisors.    Said  assistants shall severally take the constitutional
  oath of office before entering upon the duties thereof; and the district
  attorney shall be responsible for their acts. Said district attorney may
  designate, in writing, to be filed in the office of the  clerk  of  said
  county, one of his said assistants to be the acting district attorney in
  the  absence  from  said  county  or  other  inability  of said district
  attorney; and the assistant so designated shall, during such absence  or
  inability  of  said district attorney, perform the duties of the office.
  Such designation may be revoked by said district attorney in writing, to
  be filed and recorded in the office of the county  clerk.  The  district
  attorney  of Monroe county and his assistants shall conduct, on the part
  of the people, all preliminary examinations in the police court  of  the
  city  of  Rochester, and subject to the right of a complainant to appear
  personally or by attorney, all other prosecutions for crime therein; and
  may conduct prosecution therein for violations of the  penal  ordinances
  of  said  city,  and appeals therefrom and in such event one-half of the
  salary of such first assistant shall  be  a  charge  upon  the  city  of
  Rochester  and  assessed back upon said city by the board of supervisors
  of Monroe county except that the Monroe county Board of Supervisors  may
  by  resolution  make  such charge a general county charge to be borne by
  the entire county of Monroe; but the corporation counsel  of  said  city
  shall  have  the  power  to prosecute any person for the violation of an
  ordinance and to conduct proceedings therefor, or an  appeal  therefrom.
  The  district  attorneys  of  the counties of Erie and Onondaga may also
  appoint a person to act as interpreter at  all  sessions  of  the  grand
  juries  of  such counties and of the city of Buffalo, whose compensation
  shall be fixed by the court in and for which  such  grand  jury  may  be
  impaneled. The district attorney of the county of Monroe, whenever he is
  authorized  so  to  do  by  the board of supervisors of such county, may
  appoint necessary interpreters who shall  act  as  interpreters  at  all
  sessions of the grand jury in such county and for all county departments
  except  the  courts.  The district attorneys of the counties of Erie and
  Monroe shall each be entitled to receive, in addition to  their  salary,
  all  costs  collected  by them in actions and proceedings prosecuted and
  defended by them. The county judge, or the special county judge, of  the
  county of Monroe, or any supreme court justice, shall have power, on the
  application  of  the  district  attorney  of Monroe county, to order and
  direct the county treasurer of Monroe county  to  pay  to  the  district
  attorney any sum of money expended or incurred by him in the performance
  of  his  duties  in  his  office,  and the county judge of the county of
  Rensselaer, or any supreme court  justice,  shall  have  power,  on  the
  application  of the district attorney of Rensselaer county, to order and
  direct the county treasurer of Rensselaer county to pay to the  district
  attorney any sum of money expended or incurred by him in the performance
  of  his  duties  in  his  office,  and the county judge of the county of
  Albany,  or  any  supreme  court  justice,  shall  have  power,  on  the
  application  of  the  district  attorney  of Albany county, to order and

  direct the county treasurer of Albany county  to  pay  to  the  district
  attorney  of such county any sum of money expended or incurred by him in
  the performance of his duties in his office, and  the  county  judge  of
  Columbia  county, or any justice of the supreme court, shall have power,
  on the application of the district attorney of Columbia county, to order
  and direct the county  treasurer  of  Columbia  county  to  pay  to  the
  district  attorney  of such county any sum of money expended or incurred
  by him in the performance  of  his  duties  in  office.    The  district
  attorney  of Niagara county shall have charge of and conduct on the part
  of the people all preliminary examinations in the police courts  of  the
  cities  of Lockport, North Tonawanda and Niagara Falls, either in person
  or by his assistant and the  several  justices  of  the  peace  of  said
  county.   In   lieu  of  the  necessary  traveling  expenses  and  other
  disbursements incurred in the performance of  these  additional  duties,
  either  by  himself  or  by  his assistant or stenographer, the district
  attorney of Niagara county shall receive such amount as may be fixed  by
  the board of supervisors of Niagara county payable monthly by the county
  treasurer  of  Niagara county, and the assistant district attorney shall
  receive an amount to be fixed by the board  of  supervisors  of  Niagara
  county, at not less than five hundred dollars per annum, payable monthly
  by  the  county treasurer of Niagara county, and the district attorney's
  stenographer shall receive an  amount  to  be  fixed  by  the  board  of
  supervisors  of Niagara county at not less than four hundred dollars per
  annum, payable monthly by the county treasurer of Niagara county.  Until
  such amount is so fixed by the board of supervisors it shall be as above
  stated.

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