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New York Consolidated Laws

N.Y. County Law § 702 (2026)

Assistant district attorneys

✓ current as of May 2026
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§ 702. Assistant district attorneys. 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.
Notes of Decisions
Cited in 19 cases (5 in the last 5 years), 1975–2025 · leading case: The People v. Gary Wright, 54 N.E.3d 1157 (NY 2016).
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The People v. Gary Wright, 54 N.E.3d 1157 (NY 2016). “This is not a case where the People offered or conceded any facts to substantiate the defendant’s legal argument, as the Assistant District Attorney, who acts on behalf of the District Attorney (see County Law § 702), in his affirmation specifically denied that there was any…”
People v. Glanda, 5 A.D.3d 945 (N.Y. App. Div. 2004). · cites it 2× “The People first assert that this issue is unpreserved for appellate review because it was not raised before Supreme Court and, second, that Whitson was validly appointed (and filed her oath of office) pursuant to County Law § 702.”
People v. Ramos, 34 Misc. 3d 914 (N.Y. Sup. Ct. 2012). · cites it 3× “” (County Law § 702 [1].) In large offices, these assistant district attorneys are frequently given titles that indicate their status in that particular *919 office.”
People v. Decker, 2023 NY Slip Op 03950 (N.Y. App. Div. 2023). “We discern no error in the appointment of a special prosecutor from DTF, as the appointment was clearly authorized and, more importantly, the jury was unaware of her role with DTF as there was no mention during trial of any tangential relation she may have had to the initial…”
Matter of Curry v. Hosley, 657 N.E.2d 1311 (NY 1995). · cites it 4× “Though the elected District Attorneys in this State are certainly entitled to employ other lawyers to serve as assistants under their supervision ( see , County Law §§ 702, 825, 930), allowing the nonattorney District Attorney *474 of Hamilton County to carry out his statutory…”
People v. Mazzeo, 2021 NY Slip Op 01162 (N.Y. App. Div. 2021). · cites it 3× “Although "the Attorney-General's prosecutorial authority is strictly limited to the specific statutory grants of such authority" ( Matter of Haggerty v Himelein , 89 NY2d 431, 435 [1997]), a district attorney may enlist the help of an assistant attorney general in prosecuting a…”
People v. Christensen, 77 A.D.3d 174 (N.Y. App. Div. 2010). · cites it 2× “A district attorney may appoint assistant district attorneys who are subordinate to him or her, and may delegate duties to such assistants (see County Law §§ 702, 930; Matter of Schumer *189 v Holtzman, 60 NY2d at 50 ).”
People v. Carter, 566 N.E.2d 119 (NY 1990). “Moreover, neither the Constitution nor any statute requires that a District Attorney or an Assistant District Attorney be an admitted lawyer (see, NY Const, art XIII, § 13; art IX, § 1; County Law §§ 702, 930). Our conclusion as to the effect of Penofsky’s presence as Assistant…”
People v. Jones, 2023 NY Slip Op 02032 (N.Y. App. Div. 2023). “Defendant exercised three challenges for cause relative to prospective jurors who expressed an erroneous understanding of the legal concept concerning accessorial liability.”
People v. Anderson, 237 A.D.2d 989 (N.Y. App. Div. 1997). · cites it 2× “Memorandum: County Court erred in dismissing the indictment against both defendants on the ground that the Special Assistant District Attorney who presented the matter to the Grand Jury had not been duly appointed pursuant to County Law §§702 and 825 and, thus, the Grand Jury…”
Haggerty v. Himelein, 221 A.D.2d 138 (N.Y. App. Div. 1995). · cites it 2× “Instead, respondents contend that the Attorneys-General are properly participating in the action pursuant to County Law § 702, which provides: "The board of supervisors shall have power to authorize the district attorney to appoint one or more assistant district attorneys.”
People v. Pizzaro, 146 Misc. 2d 527 (N.Y. Sup. Ct. 1990). “Nor is there any requirement in the State’s statutory law requiring either a District Attorney (County Law § 700) or an Assistant District Attorney (County Law §702) to be a licensed attorney.”
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