499-F - Complaint; Investigation; Hearing and Disposition.

NY Jud L § 499-F (2019) (N/A)
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(b) Upon the recommendation of the commission or on its own motion, the presiding justices of the appellate division may suspend a prosecutor from office when he or she is charged with a crime punishable as a felony under the laws of this state, or any other crime which involves moral turpitude. The suspension shall terminate upon conviction of a felony resulting in such prosecutor's disbarment pursuant to paragraph a of subdivision four of section ninety of this chapter. The suspension shall continue upon conviction of any other crime which involves moral turpitude and, if such conviction becomes final, he or she shall be removed from office. The suspension shall be terminated upon reversal of the conviction and dismissal of the accusatory instrument.

(c) A prosecutor who is suspended from office by the presiding justices of the appellate division shall receive his or her salary during such period of suspension, unless the court directs otherwise. If the court has so directed and such suspension is thereafter terminated, the presiding justices of the appellate division may direct that he or she shall be paid his or her salary for such period of suspension.

(d) Nothing in this subdivision shall prevent the commission from determining that a prosecutor be admonished or censured or prevent the commission from recommending removal or retirement pursuant to subdivision seven of this section. 10. If during the course of or after an investigation or hearing, the commission determines that the complaint or any allegation thereof warrants action, other than in accordance with the provisions of subdivisions seven through nine of this section, within the powers of: (a) a person having administrative jurisdiction over the prosecutor involved in the complaint; or (b) an appellate division of the supreme court; or (c) a presiding justice of an appellate division of the supreme court; or (d) the chief judge of the court of appeals; or (e) the governor pursuant to subdivision (b) of section thirteen of article thirteen of the constitution; or (f) an applicable district attorney's office or other prosecuting agency, the commission shall refer such complaint or the appropriate allegations thereof and any evidence or material related thereto to such person, agency or court for such action as may be deemed proper or necessary. 11. The commission shall notify the complainant of its disposition of the complaint. 12. In the event of removal from office of any prosecutor, pursuant to subdivision seven or eight or paragraph (a) or (b) of subdivision nine of this section, a vacancy shall exist pursuant to article three of the public officers law.