Legislation
SECTION 1607
Prosecutions and immunity
Business Corporation (BSC) CHAPTER 4, ARTICLE 16
§ 1607. Prosecutions and immunity.
(a) The attorney general may prosecute every person charged with the
commission of a criminal offense arising from the violation of any
provision of this article. In all such proceedings, the attorney general
may appear in person or by his deputy before any court of record or any
grand jury and exercise all the powers and perform all the duties in
respect of such actions or proceedings which the district attorney would
otherwise be authorized or required to exercise or perform; or the
attorney general may in his discretion transmit evidence, proof and
information as to such offense to the district attorney of the county or
counties in which the alleged violation has occurred, and every district
attorney to whom such evidence, proof and information is so transmitted
shall forthwith proceed to prosecute any corporation, company,
association, or officer, manager or agent thereof, or any firm or person
charged with such violation. In any such proceeding, wherein the
attorney general has appeared either in person or by deputy, the
district attorney shall only exercise such powers and perform such
duties as are required of him by the attorney general or the deputy
attorney general so appearing.
(b) Upon any investigation before the attorney general or his deputy
or other officer designated by him, or in any criminal proceeding before
any court, magistrate or grand jury, pursuant to or for a violation of
any of the provisions of this article, the attorney general, his deputy
or other officer designated by him, or the court, magistrate or grand
jury, may confer immunity in accordance with the provisions of section
50.20 of the criminal procedure law.
(a) The attorney general may prosecute every person charged with the
commission of a criminal offense arising from the violation of any
provision of this article. In all such proceedings, the attorney general
may appear in person or by his deputy before any court of record or any
grand jury and exercise all the powers and perform all the duties in
respect of such actions or proceedings which the district attorney would
otherwise be authorized or required to exercise or perform; or the
attorney general may in his discretion transmit evidence, proof and
information as to such offense to the district attorney of the county or
counties in which the alleged violation has occurred, and every district
attorney to whom such evidence, proof and information is so transmitted
shall forthwith proceed to prosecute any corporation, company,
association, or officer, manager or agent thereof, or any firm or person
charged with such violation. In any such proceeding, wherein the
attorney general has appeared either in person or by deputy, the
district attorney shall only exercise such powers and perform such
duties as are required of him by the attorney general or the deputy
attorney general so appearing.
(b) Upon any investigation before the attorney general or his deputy
or other officer designated by him, or in any criminal proceeding before
any court, magistrate or grand jury, pursuant to or for a violation of
any of the provisions of this article, the attorney general, his deputy
or other officer designated by him, or the court, magistrate or grand
jury, may confer immunity in accordance with the provisions of section
50.20 of the criminal procedure law.