New York Consolidated Laws

N.Y. Executive Law § 223 (2026)

Duties and powers of the superintendent of state police and of members of the state police

✓ current as of May 2026
Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar
* § 223. Duties and powers of the superintendent of state police and
of members of the state police. 1. It shall be the duty of the
superintendent of the state police and of members of the state police to
prevent and detect crime and apprehend criminals. They shall also be
subject to the call of the governor and are empowered to co-operate with
any other department of the state or with local authorities. They shall
also collect and analyze information relating to prevention and
detection of terrorist threats and terrorist activities throughout the
state and share all such information subject to paragraph (g) of
subdivision two of section seven hundred nine of this chapter among the
division of homeland security and emergency services, and local, state,
and federal law enforcement agencies to ensure the coordination of
appropriate intelligence to assist in the early identification of and
response to potential terrorist threats and terrorist activities. They
shall have power to arrest, without a warrant, any person committing or
attempting to commit within their presence or view a breach of the peace
or other violation of law, to serve and execute warrants of arrest or
search issued by proper authority and to exercise all other powers of
police officers of the state of New York. Any such warrants issued by
any magistrate of the state may be executed by them in any part of the
state according to the tenor thereof without indorsement. But they shall
not exercise their powers within the limits of any city to suppress
rioting and disorder except by direction of the governor or upon the
request of the mayor of the city with the approval of the governor. Any
member of the rank of sergeant or above may take pre-arraignment bail
from any defendant in the amounts and under the circumstances and
conditions that police may take bail.
  2. The superintendent may, by written order, designate a police
officer, as defined in paragraph (b), (c) or (d) of subdivision
thirty-four of section 1.20 of the criminal procedure law, to assist
members of the state police in order to more effectively address the
detection of crime and apprehension of criminals within the state and
its localities.  Police officers so designated, while actively working
in conjunction with members of the state police either directly or as
part of a specific task force, shall be paid by and remain employees of
their particular county, city, town or village, but shall for purposes
of the criminal procedure law, have their geographic area of employment
deemed to be New York state.
  * NB Effective until September 1, 2027
  * § 223. Duties and powers of the superintendent of state police and
of members of the state police. It shall be the duty of the
superintendent of the state police and of members of the state police to
prevent and detect crime and apprehend criminals. They shall also be
subject to the call of the governor and are empowered to co-operate with
any other department of the state or with local authorities. They shall
also collect and analyze information relating to prevention and
detection of terrorist threats and terrorist activities throughout the
state and share all such information subject to paragraph (g) of
subdivision two of section seven hundred nine of this chapter among the
division of homeland security and emergency services and local, state,
and federal law enforcement agencies to ensure the coordination of
appropriate intelligence to assist in the early identification of and
response to potential terrorist threats and terrorist activities. They
shall have power to arrest, without a warrant, any person committing or
attempting to commit within their presence or view a breach of the peace
or other violation of law, to serve and execute warrants of arrest or
search issued by proper authority and to exercise all other powers of
police officers of the state of New York. Any such warrants issued by
any magistrate of the state may be executed by them in any part of the
state according to the tenor thereof without indorsement. But they shall
not exercise their powers within the limits of any city to suppress
rioting and disorder except by direction of the governor or upon the
request of the mayor of the city with the approval of the governor. Any
member of the rank of sergeant or above may take pre-arraignment bail
from any defendant in the amounts and under the circumstances and
conditions that police may take bail.
  * NB Effective September 1, 2027
Notes of Decisions
Cited in 8 cases, 1981–2020 · leading case: People v. Christensen, 77 A.D.3d 174 (N.Y. App. Div. 2010).
People v. Christensen, 77 A.D.3d 174 (N.Y. App. Div. 2010). “The duties of the Superintendent and the members of the Division are “to prevent and detect crime and apprehend criminals” (Executive Law § 223). By contrast, the District Attorney is a constitutional officer chosen by the electors of a county (see NY Const, art XIII, § 13;…”
People v. Malatesta, 186 Misc. 2d 312 (N.Y. Sup. Ct. 1999). · cites it 2× “In this case, the existence and disregard of a specific statutory procedure that would have authorized police entry onto defendants’ property to recover the Mahan truck leads to the conclusion that Executive Law § 223 does not provide a valid exception to the warrant requirement…”
Selfridge v. Carey, 522 F. Supp. 693 (N.D.N.Y. 1981). “” N.Y. Exec.Law § 223 (McKinney) (Supp.1980).”
People v. Mktg. & Advert. Servs. Ctr. Corp., 272 A.D.2d 982 (N.Y. App. Div. 2000). “The Superintendent is the head of the New York State Police (see, Executive Law § 210), and crimes involving child pornography (see, Penal Law art 263) fall within the ambit of the law that the Superintendent is “especially required to execute” and relate to matters connected…”
People v. Barfield, 151 Misc. 2d 1031 (1991). “However, in this case the search warrant was not executed by an unauthorized person since the State Police have State-wide jurisdiction (Executive Law § 223). The difficulty here is that the search warrant is not specifically addressed to that agency.”
Rev. Steven Soos v. Cuomo (N.D.N.Y. 2020). “4 at 5-7), Governor Cuomo clearly has authority over the New York State Police and broad powers of enforcement, see N.Y. Exec. Law § 223 (explaining that the superintendent of state police and its members “shall .”
People v. Codina, 110 A.D.3d 401 (N.Y. App. Div. 2013). “The Division of State Police has general authority to execute all laws within the State of New York (see Executive Law § 223 [1]), and violations of Judiciary Law § 478 therefore relate to “matters connected with” the Division so as to make the referral effective (see Executive…”
People v. Codina, 110 A.D.3d 401 (N.Y. App. Div. 2013). “The Division of State Police has general authority to execute all laws within the State of New York (see Executive Law § 223 [1]), and violations of Judiciary Law § 478 therefore relate to “matters connected with” the Division so as to make the referral effective (see Executive…”
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.