§ 460.60 Enterprise corruption; consent to prosecute.
1. For purposes of this section, when a grand jury proceeding concerns a
possible charge of enterprise corruption, or when an accusatory instrument
includes a count charging a person with enterprise corruption, the affected
district attorneys are the district attorneys otherwise empowered to
prosecute any of the underlying acts of criminal activity in a county with
jurisdiction over the offense of enterprise corruption pursuant to section
460.40 of this article, in which:
(a) there has been substantial and significant activity by the particular
enterprise; or
(b) conduct occurred constituting a criminal act specifically included in
the pattern of criminal activity charged in the accusatory instrument and
not previously prosecuted; or
(c) the particular enterprise has its principal place of business.
2. A grand jury proceeding concerning a possible charge of enterprise
corruption may be instituted only with the consent of the affected district
attorneys. Should the possibility of such a charge develop after a grand
jury proceeding has been instituted, the consent of the affected district
attorneys shall be sought as soon as is practical, and an indictment
charging a person with enterprise corruption may not be voted upon by the
grand jury without such consent.
3. A person may be charged in an accusatory instrument with enterprise
corruption only with the consent of the affected district attorneys. When
it is impractical to obtain the consent specified in subdivision two of
this section prior to the filing of the accusatory instrument, then that
consent must be secured within twenty days thereafter.
4. When the prosecutor is the deputy attorney general in charge of the
statewide organized crime task force, the consent required by subdivisions
two and three of this section shall be in addition to that required by
subdivision seven of section seventy-a of the executive law.
5. Within fifteen days after the arraignment of any person on an
indictment charging a person with the crime of enterprise corruption the
prosecutor shall provide a copy of the indictment to those district
attorneys whose consent was required pursuant to subdivision three of this
section, and shall notify the court and defendant of those district
attorneys whose consent the prosecutor has secured. The court shall then
review the indictment and the grand jury minutes, notify any district
attorney whose consent under subdivision one of this section should have
been but was not obtained, direct that the prosecutor provide that district
attorney with the portion of the indictment and grand jury minutes that are
relevant to a determination whether that district attorney is an "affected
district attorney" within the meaning of subdivision one of this section.
6. The failure to obtain from any district attorney the consent required
by subdivision two or three of this section shall not be grounds for
dismissal of the accusatory instrument or for any other relief upon motion
of a defendant in the criminal action.
Upon motion of a district attorney whose consent, pursuant to subdivision
three of this section, the court determines was required but not obtained,
the court may not dismiss the accusatory instrument or any count thereof
but may grant any appropriate relief. Such relief may include, but is not
limited to:
(a) ordering that any money forfeited by a defendant in the criminal
action, or the proceeds from the sale of any other property forfeited in
the criminal action by a defendant, which would have been paid to the
county of that district attorney pursuant to section thirteen hundred
forty-nine of the civil practice law and rules had the forfeiture action
been prosecuted in the county of that district attorney, be paid in whole
or in part to the county of that district attorney; or
(b) upon consent of the defendant, ordering the transfer of the
prosecution, or any part thereof, to that district attorney or to any other
prosecutor with jurisdiction over the prosecution, of the part thereof to
be transferred. However, prior to ordering any transfer of the prosecution,
the court shall provide to those district attorneys who have previously
consented to the prosecution an opportunity to intervene and be heard
concerning such transfer.
7. A district attorney whose consent, pursuant to subdivision three of
this section, the court determines was required but not obtained may seek
the relief described in subdivision six of this section exclusively by a
pre-trial motion in the criminal action based on the indictment charging
the crime of enterprise corruption. Such relief must be sought within
forty-five days of the receipt of notice from the court pursuant to
subdivision five of this section.
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