N.Y. Comp. Codes R. & Regs. tit. 9 § 4.160

Current through Register Vol. 46, No. 36, September 4, 2024

Section 4.160 - Executive order no. 160: directing a review of the criminal investigation and prosecution arising from the murder of yankel rosenbaum

WHEREAS, the primary role of government in a civilized society is to provide for the safety and security of the people in its jurisdiction;

WHEREAS, this role of government in our society extends to ensuring that tolerance and respect for each individual is fostered throughout our system of government, including our criminal justice system;

WHEREAS, members of all communities have an expectation that the criminal justice system will function effectively to provide justice;

WHEREAS, on August 19, 1991, Yankel Rosenbaum was murdered during a disturbance in the Crown Heights section of Brooklyn, New York and accounts of the event indicate that although many individuals took part, only one individual was charged, and tried by a jury which rendered a verdict of acquittal which must be heeded;

WHEREAS, the verdict has generated a feeling of mistrust and suspicion of the criminal justice system by those who are unable to reconcile the verdict with their sense of justice;

WHEREAS, regardless of how one responds to the verdict, these events have undermined confidence in the criminal justice system resulting in a climate which has polarized communities in the City of New York and elsewhere;

WHEREAS, it is in the interest of justice that the Director of Criminal Justice and Commissioner of the Division of Criminal Justice Services for the State of New York (hereinafter the Director) review and evaluate the operation of the criminal justice system in this matter;

NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that Richard H. Girgenti, the Director of Criminal Justice and Commissioner of the Division of Criminal Justice Services for the State of New York, review the response of law enforcement to the August 1991 disturbance in Crown Heights and the facts and circumstances surrounding the criminal investigation and prosecution arising from the death of Yankel Rosenbaum.

I. Responsibilities of the Director

1. To proceed in a term of the Supreme Court, to be held in and for the County of Kings, to seek such order as justice requires unsealing any and all files and records pertaining to the investigation and prosecution in the case of The People of the State of New York v. Lemrick Nelson.

2. To review, to the extent permitted by law, any and all records of the Police Departments of the City of New York pertaining to the investigation of the homicide of Yankel Rosenbaum and the Crown Heights disturbance of August 1991.

3. To review, to the extent permitted by law, the transcripts of any and all proceedings held prior to the date of this order which relate to the murder of Yankel Rosenbaum.

4. To review, to the extent permitted by law, all of the records in the possession of the District Attorney of Kings County pertaining to the investigation and prosecution of individuals involved in the death of Yankel Rosenbaum.

5. To interview non-witness participants in the trial of the People of the State of New York v. Lemrick Nelson.

6. To review and evaluate the preparedness planning and response of the City of New York Police Department to the August 1991 disturbance in Crown Heights.

7. To offer recommendations designed to restore the public' s confidence in the criminal justice system.

II. Report

To prepare a written report, following the review, assessing the response of law enforcement to the August 1991 disturbance in Crown Heights and the facts and circumstances surrounding the criminal investigation and prosecution arising from the death of Yankel Rosenbaum.

III. Assistance and Cooperation

All departments, divisions and units of the Executive Branch of State Government are directed to cooperate with the Director and to provide such assistance as he may require to fulfill his obligations. Such assistance may include the assignment of staff and the provision of support services.

Signed: Mario M. CuomoDated: November 17, 1992

[FN*] [Revoked by Executive Order No. 31 (George E. Pataki), infra.]

[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 9 (David A. Paterson), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.160