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.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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