N.Y. Laws » CHAPTER County / ARTICLE District Attorney
New York Consolidated Laws

N.Y. County Law § 701 (2026)

Special district attorney

✓ current as of May 2026
Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar 
§ 701. Special district attorney. 1. Whenever the district attorney of
any county and such assistants as he or she may have shall not be in
attendance at a term of any court of record, which he or she is by law
required to attend, or are disqualified from acting in a particular case
to discharge his or her duties at a term of any court, a superior
criminal court in the county wherein the action is triable may, by
order:
  (a) appoint some attorney at law having an office in or residing in
the county, or any adjoining county, to act as special district attorney
during the absence, inability or disqualification of the district
attorney and such assistants as he or she may have; or
  (b) appoint a district attorney of any other county within the
judicial department or of any county adjoining the county wherein the
action is triable to act as special district attorney, provided such
district attorney agrees to accept appointment by such criminal court
during such absence, inability or disqualification of the district
attorney and such assistants as he or she may have.
  2. If, for any reason, the appointment of a special district attorney
cannot be effectuated pursuant to paragraph (a) or (b) of subdivision
one of this section, the court shall then attempt to effect such
appointment pursuant to the other such paragraph.
  3. Where a special district attorney appointed under this section is a
district attorney, he or she may direct the exercise of such powers and
the performance of such duties by any assistant in his or her office in
any case in which he or she serves as special district attorney to the
same extent permitted by law in any case in which he or she serves as
district attorney.
  4. No appointment made under this section shall be for a period beyond
the adjournment of the term at which made. Where, however, an
appointment is required under this section for a particular case because
of the disqualification of the district attorney, the appointment may be
made for all purposes, including disposition. The special district
attorney so appointed shall possess the powers and discharge the duties
of the district attorney during the period for which he or she shall be
appointed. The provisions of this section shall also apply to a county
wholly contained within a city.
  5. Where a special district attorney is appointed under this section,
the board of supervisors of the county wherein such special district
attorney serves, after having been notified and provided with an
opportunity to be heard, shall pay the necessary disbursements of, and a
reasonable compensation for, the services of the person so appointed and
acting, as certified by the presiding judge or justice. Nothing
contained herein shall prevent any county from entering into an
agreement with any other county for the compensation of a special
district attorney appointed pursuant to paragraph (b) of subdivision one
of this section. In no event shall the compensation paid pursuant to
paragraph (b) of subdivision one of this section exceed the compensation
paid by the county in which such district attorney, or his or her
assistants, serves.
  6. (a) This subdivision shall apply to the attorney general in any
circumstance where the attorney general acts in place of a district
attorney. Nothing in this subdivision shall invalidate a court
appointment of a district attorney or other attorney made prior to the
effective date of this subdivision to serve in the place of the attorney
general on a particular matter under any other subdivision of this
section.
  (b) Notwithstanding any other provision of law to the contrary,
whenever the attorney general and such assistants as the attorney
general may have, is disqualified from acting in a particular matter to
discharge their duties at a term of any court, a superior criminal court
in the county wherein the action is triable may upon articulable reasons
set forth by the attorney general for such appointment, by order:
  (i) appoint some attorney at law having relevant experience and
expertise, without regard to judicial department or other geographic
limitations within the state, to act as special district attorney during
the disqualification of the attorney general and such assistants as they
may have; or
  (ii) appoint a district attorney of any county to act as special
district attorney, provided such district attorney agrees to accept
appointment by such criminal court during such disqualification of the
attorney general and such assistants as they may have.
  (c) The special district attorney so appointed shall possess the
powers and discharge the duties of the attorney general during the
period, or for the duration of the matter, for which they shall be
appointed.
  (d) Where a special district attorney is appointed under this
subdivision, the special district attorney may direct the exercise of
such powers and the performance of such duties by any assistant or other
staff in their office to assist such special district attorney to the
same extent permitted by law.
  (e) Any special district attorney appointed under this subdivision for
a matter arising out of the attorney general's authority under section
seventy-b of the executive law shall be responsible for the public
report required by subdivision six of such section.
  (f) Where a special district attorney is appointed under this
subdivision, the department of budget, after having been notified and
provided with an opportunity to be heard, shall pay the necessary
disbursements of, and a reasonable compensation for, the services of the
person so appointed and acting, as certified by the presiding judge or
justice.
Notes of Decisions
Cited in 86 cases (10 in the last 5 years), 1984–2025 · leading case: Soares v. Herrick, 20 N.Y.3d 139 (N.Y. 2012).
Sort: Relevance Newest Treatment
Soares v. Herrick, 20 N.Y.3d 139 (N.Y. 2012). · cites it 6× “Addressing the merits, the majority held that respondent exceeded his authority when he disqualified petitioner and appointed a special district attorney under County Law § 701 (see id.). The majority observed that “[t]he appearance of impropriety, standing alone, may not cause…”
People v. Leahy, 72 N.Y.2d 510 (N.Y. 1988). · cites it 9× “Inasmuch as we agree with the County Court that County Law § 701 limits a Special District Attorney’s authority to the "particular case”, we reverse and dismiss this indictment.”
The People v. Martesha Davidson, 27 N.Y.3d 1083 (N.Y. 2016). · cites it 3× “In Soddano, the Court held that County Law § 701 (1) did not require the personal presence of the local District Attorney at every hearing in the County, and, concluded in accordance with a prior line of cases that "the prosecution of petty crimes or offenses may be delegated to…”
The People v. Gary Wright, 27 N.Y.3d 516 (N.Y. 2016). “Defendant also pointed out that, in other pending criminal actions in the period between 2012 and 2013 where Long was the defense counsel, Soares, through his own affirmation, or the affirmation of his Chief Assistant, admitted the fact of simultaneous representation and sought…”
People v. Ramos, 34 Misc. 3d 914 (N.Y. Sup. Ct. 2012). · cites it 4× ““Under the circumstances of this case, the County *918 Court properly determined that the District Attorney lacked the authority to appoint the prosecutor who presented the subject charges to the grand jury (see County Law § 701 [1]; § 702 [1], [2]; see also Matter of Schumer v…”
People v. Christensen, 77 A.D.3d 174 (N.Y. App. Div. 2010). · cites it 3× “By contrast, when a district attorney is disqualified or otherwise unable to act, a court may appoint a “special district attorney” whose authority “supersedes” the district attorney and who “possesses all the powers and may discharge all the duties of the office during the term…”
Soares v. Herrick, 88 A.D.3d 148 (N.Y. App. Div. 2011). · cites it 3× “The specific question presented here is whether review is permissible by an appellate court, and relief available through a writ of prohibition, where a trial court disqualifies a district attorney and appoints a special district attorney, pursuant to County Law § 701, for the…”
People v. Vial, 132 Misc. 2d 5 (N.Y. City Crim. Ct. 1986). · cites it 4× “(County Law § 701.) 1 The District Attorney declined either of these invita *8 tions, thereby creating a void for the People in the instant prosecution against James Vial.”
Harvey v. Cnty. of Rensselaer, 190 A.D.2d 261 (N.Y. App. Div. 1993). · cites it 7× “7 hours of law clerk time at $30/hour) covering the period December 11, 1989 to July 23, 1991, respondent, which by prior agreement of the parties and by virtue of the 1991 amendment to County Law § 701 was required to notice and an opportunity to be heard on such applications…”
Matter of Dir.(bodek), 87 N.Y.2d 191 (N.Y. 1995). · cites it 2× “2d 917 [addressing court's power under County Law § 701 to award compensation for services performed by Special Prosecutor's associates]).”
Working Families Party v. Fisher, 23 N.Y.3d 539 (N.Y. 2014). · cites it 2× “III County Law § 701 (1) says, in relevant part: “Whenever the district attorney of any county and such assistants as he or she may have .”
People v. Adams, 20 N.Y.3d 608 (N.Y. 2013). “However, defendant’s motion to disqualify the Monroe County District Attorney’s office and for appointment of a special prosecutor, pursuant to County Law § 701 (1), was denied, without prejudice to the filing of such a motion in County Court.”
Show all 86 citing cases →
N.Y. County Law § 701(1): 1 case
Williams v. McCarthy (W.D.N.Y. 2023).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.