2021 New York Laws
JUD - Judiciary
Article 15-A - State Commission on Prosecutorial Conduct
499-D - Functions; Powers and Duites.

§  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 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  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.