DISTRICT ATTORNEYS ASSOCIATION OF THE STATE OF NEW YORK

PRESIDENT
DAVID HOOVLER
ORANGE COUNTY
BOARD OF DIRECTORS

PRESIDENT-ELECT
SANDRA DOORLEY
March 19, 2020 P. DAVID SOARES*
ALBANY COUNTY
MONROE COUNTY
DARCEL CLARK
1st VICE PRESIDENT
J. ANTHONY JORDAN
Honorable Andrew M. Cuomo BRONX COUNTY

WASHINGTON COUNTY Governor JON E. BUDELMANN

CAYUGA COUNTY
2nd VICE PRESIDENT
MADELINE SINGAS
Executive Chamber PATRICK SWANSON
NASSAU COUNTY
Albany, NY 11224 CHAUTAUQUA COUNTY

3rd VICE PRESIDENT WEEDEN A. WETMORE

JOHN FLYNN CHEMUNG COUNTY
ERIE COUNTY
RE: Criminal Justice Response to COVID-19 ANDREW J. WYLIE
SECRETARY CLINTON COUNTY
EDWARD D. SASLAW

TREASURER Dear Governor Cuomo: KRISTY L. SPRAGUE

DANIEL BRESNAHAN ESSEX COUNTY
ADA, NASSAU COUNTY

EXECUTIVE DIRECTOR I write to you on behalf of the District Attorneys Association JEFFREY S. CARPENTER
HERKIMER COUNTY
MORGAN BITTON
of the State of New York during this very difficult time when
KRISTYNA S. MILLS
we are trying to combat the spread of COVID-19. JEFFERSON COUNTY

ERIC GONZALEZ
KINGS COUNTY
The health and safety of our workers and our residents is
LEANNE K. MOSER
everyone’s top priority. In recent days you have limited large LEWIS COUNTY

gatherings throughout the state and have encouraged social WILLIAM GABOR
MADISON COUNTY
distancing in all situations. Our court system has also taken CYRUS R. VANCE, JR.*
extreme measures and directed that no new criminal jury trials NEW YORK COUNTY

be commenced. CAROLINE WOJTASZEK

NIAGARA COUNTY

SCOTT D. MCNAMARA *
I now ask you to consider an executive order regarding CPL ONEIDA COUNTY

Article 245, which deals with discovery; CPL Section 30.30, WILLIAM J. FITZPATRICK*
ONONDAGA COUNTY
which deals with speedy trial time limits; and CPL Section GREGORY S. OAKES
180.80, which requires a preliminary hearing or grand jury OSWEGO COUNTY

action within five or six days of an arrest. There is a growing MICHAEL MCMAHON
RICHMOND COUNTY
backlog of cases across the state as a result of courts being KAREN HEGGEN
shut down and workforce reductions. Compounding that is the SARATOGA COUNTY

very real problem that grand jurors are not able to report for ROBERT M. CARNEY*
SCHENECTADY COUNTY
duty, and in many counties grand juries are unable to meet JOSEPH G. FAZZARY
quorum requirements. Hearings that are necessary to meet the SCHUYLER COUNTY

time frames of CPL 180.80 are virtually impossible to hold BRIDGET G. BRENNAN
SPECIAL NARCOTICS
under current circumstances. TMOTHY D. SINI
SUFFOLK COUNTY

Please consider an executive order that would temporarily DONALD O’GEEN

WYOMING COUNTY
suspend CPL Article 245, CPL Section 30.30, and CPL * PAST PRESIDENT OF DAASNY
Section 180.80. That action would help limit the spread of
coronavirus by limiting work that must be done by the
workforce in DA’s offices, police departments, hospitals, 911
call centers, and many other agencies.

Following September 11, Executive Order 113 of 2001 was

3 COLUMBIA PLACE, ALBANY, NEW YORK 12210

TEL: (518) 598-8968 EMAIL: PRESIDENT@DAASNY.ORG
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DISTRICT ATTORNEYS ASSOCIATION OF THE STATE OF NEW YORK

issued to help ease the difficulties caused by terrorist attacks and

building closures, transportation closures, and other difficulties that
impacted the workday. Today we are already seeing ordered closures of
county buildings that house courts, District Attorney’s offices, police
and sheriff’s departments, and other agencies that are essential to
complying with discovery and speedy trial laws.

I cannot stress the urgency behind the need to act on this matter to
ensure that justice is served and that we are minimizing the spread of
COVID-19.

Thank you,

David M. Hoovler
President, DAASNY
Orange County District Attorney