The District Attorney of New York County, commonly known as Manhattan District Attorney, is the elected district attorney for New York County, New York. The office is responsible for the prosecution of violations of New York state laws (federal law violations in Manhattan are prosecuted by the U.S. Attorney for the Southern District of New York). The current district attorney is Alvin Bragg Jr.. He was elected in 2021 to succeed Cyrus Vance Jr.
District attorneys are legally permitted to delegate the prosecution of petty crimes or offenses.People v Jeffrey's, 53 Misc 3d 1205 (2016) Prosecutors do not normally handle New York City Criminal Court summons court cases, and the Manhattan district attorney has a memorandum of understanding with the New York City Police Department allowing their legal bureau to selectively prosecute them.
History In the legislative act of February 12, 1796, New York State was divided into seven districts, each with an Assistant Attorney General, except New York County where Attorney General Josiah Ogden Hoffman prosecuted personally until 1801.
From 1801 to 1813, New York County was part of the First District, which included the counties of New York, Kings, Queens, Richmond, and Suffolk. At that time, Queens included current-day Nassau County and Westchester included the Bronx. In 1813, Westchester County was apportioned to a new district with Rockland and Putnam counties, and in 1815, New York County became the Twelfth District—the only one at the time that was a single county. In 1818, each county in the state became its own district.
From 1874 to 1895, New York County included the West Bronx, and from 1895 to 1913 it included all of what is now Bronx County, governing the same area as does the present Borough of the Bronx.Geoffrey Hermalyn and Lloyd Ultan, "Bronx" in The Encyclopedia of New York City (1st edition), edited by Kenneth T. Jackson, New York Historical Society and Yale University Press, New Haven, Connecticut, 1995, , page 140. On January 1, 1914, the Bronx became a separate county with its own district attorney.
Until 1822, the district attorney was appointed by the Council of Appointment, and held the office "during the Council's pleasure", meaning that there was no defined term of office. Under the provisions of the New York State Constitution of 1821, the district attorney was appointed to a three-year term by the County Court, and under the provisions of the Constitution of 1846, the office became elective by popular ballot. The term was three years, beginning on January 1 and ending on December 31. In case of a vacancy, an acting district attorney was appointed by the Court of General Sessions until the Governor of New York filled the vacancy with an interim appointment until an election was held for the remainder of the term.
The Consolidation Charter of 1896 extended the term by a year of the incumbent John R. Fellows, who had been elected in 1893 to a three-year term (1894–1896). Since the city election of 1897, the district attorney's term has coincided with the mayor's term and has been four years long.Except from 1901 to 1905, when the district attorney's term was four years and two mayors each served a two-year term. In case of a vacancy, the governor can make an interim appointment until a special election is held for the remainder of the term.
List of district attorneys
No. District Attorney Dates in office Party Notes 1 Richard Riker August 19, 1801 – February 13, 1810 Dem.-Rep. 2 Cadwallader D. Colden February 13, 1810 – February 19, 1811 Federalist 3 Richard Riker February 19, 1811 – March 5, 1813 Dem.-Rep. 4 Barent Gardenier March 5, 1813 – March 31, 1815 Federalist 5 John Rodman March 31, 1815 – January 28, 1817 Dem.-Rep.Werner (1891), p. 554. Retrieved 22 October 2016. 6 Hugh Maxwell January 28, 1817 – June 11, 1818 Dem.-Rep. 7 Pierre C. Van Wyck June 11, 1818 – February 13, 1821 Dem.-Rep.Werner (1891), p. 558. Retrieved 22 October 2016. 8 Hugh Maxwell February 13, 1821 – May 1829 Dem.-Rep. last to be appointed by the Council of Appointment re-appointed by the Court of General Sessions to two three-year terms 9 Ogden Hoffman May 1829 – May 22, 1835 Democratic appointed to two three-year terms 10 Thomas Phoenix May 22, 1835 – June 4, 1838 ? appointed to a three-year term 11 James R. Whiting June 4, 1838 – June 10, 1844 Democratic appointed to two three-year terms 12 Matthew C. Paterson June 10, 1844 – January 26, 1846 ? appointed to a three-year term died in office 13 John McKeon February 6, 1846 – December 31, 1850 Democratic last to be appointed by the Court of General Sessions and first to be elected by popular ballot (at the judicial state election of May 1847 to a term of three and a half years) 14 N. Bowditch Blunt January 1, 1851 – July 17, 1854 Whig elected to two three-year terms died in office – Lorenzo B. Shepard July 25, 1854 – December 31, 1854 (interim) Democratic appointed by Governor Horatio Seymour declined to be nominated to run for election 15 A. Oakey Hall January 1, 1855 – December 31, 1857 Whig elected to a three-year term did not run for re-election 16 Peter B. Sweeny January 1, 1858 – October 3, 1858 Democratic elected to a three-year term resigned because of ill health – Joseph Blunt October 5, 1858 – December 31, 1858 (interim) Republican appointed by Governor John A. King 17 Nelson J. Waterbury January 1, 1859 – December 31, 1861 Democratic elected to a three-year term lost election to Hall 18 A. Oakey Hall January 1, 1862 – December 31, 1870 Republican (1861)Democratic (1864, 1867) second tenure, elected to three three-year terms resigned to take office as Mayor of New York City 19 Samuel B. Garvin January 5, 1869 – December 31, 1869 (acting)January 1, 1870 – December 31, 1872 Democratic appointed by Governor John T. Hoffman elected to a three-year term did not run for re-election 20 Benjamin K. Phelps January 1, 1873 – December 30, 1880 Republican elected to three three-year terms died in office – Daniel G. Rollins January 3, 1881 – January 10, 1881 (acting)January 10, 1881 – December 31, 1881 (interim) Republican appointed acting district attorney by the Court of General Sessions, then appointed interim district attorney for the remainder of Phelps' term by Governor Alonzo B. Cornell did not run for re-election (ran for Surrogate instead, and won) 21 John McKeon January 1, 1882 – November 22, 1883 Democratic second tenure, elected to a three-year term died in office – John Vincent November 22, 1883 – November 30, 1883 (acting) Democratic appointed by the Court of General Sessions to act until the governor's appointment of a successor – Wheeler Hazard Peckham November 30, 1883 – December 9, 1883 (interim) Democratic appointed by Governor Grover Cleveland, then resigned due to ill health – Peter B. Olney December 10, 1883 – December 31, 1884 (interim) Democratic appointed by Governor Cleveland did not run for election 22 Randolph B. Martine January 1, 1885 – December 31, 1887 Democratic elected to a three-year term did not run for re-election, became a judge in the Court of General Sessions 23 John R. Fellows January 1, 1888 – December 31, 1890 Democratic elected to a three-year term did not run for re-election (ran for Congress instead, and won) 24 De Lancey Nicoll January 1, 1891 – December 31, 1893 Democratic elected to a three-year term did not seek renomination 25 John R. Fellows January 1, 1894 – December 7, 1896 Democratic second tenure, elected to a three-year term that was extended by one year so that the district attorney, the mayor, and other city officers would be elected in the same year died in office shortly before the extra year began – Vernon M. Davis December 7, 1896 – December 19, 1896 (acting) Democratic appointed by the Court of General Sessions to act until the appointment of a successor by the governor – William M. K. Olcott December 19, 1896 – December 31, 1897 (interim) Republican appointed by Governor Levi P. Morton 26 Asa Bird Gardiner January 1, 1898 – December 22, 1900 Democratic elected a four-year term removed from office by Governor Theodore Roosevelt for corruption – Eugene A. Philbin December 22, 1900 – December 31, 1901 (interim) Democratic appointed by Governor Roosevelt – George W. Schurman January 1, 1902 (acting) Republican appointed by Mayor Seth Low until Jerome was sworn in 27 William T. Jerome January 2, 1902 – December 31, 1909 Fusion/Ind. elected on a Fusion ticket nominated by Anti-Tammany Democrats, Republicans and Citizens Union re-elected in 1905 as an Independent, was also nominated by the Republican Party too late to appear on the ballot not nominated for re-election 28 Charles Seymour Whitman January 1, 1910 – December 31, 1914 Republican elected to two four-year terms resigned to take office as Governor of New York – Charles A. Perkins January 1, 1915 – December 31, 1915 (interim) Republican appointed by Whitman, who was his predecessor district attorney and became governor defeated by Swann in a special election 29 Edward Swann January 1, 1916 – December 31, 1921 Democratic elected to the remainder of Whitman's second term re-elected to a four-year term did not seek renomination 30 Joab H. Banton January 1, 1922 – December 31, 1929 Democratic elected to two four-year terms did not seek renomination 31 Thomas C. T. Crain January 1, 1930 – December 31, 1933 Democratic elected to a four-year term did not run for re-election 32 William C. Dodge January 1, 1934 – December 31, 1937 Democratic elected to a four-year term not nominated for re-election by Tammany Hall 33 Thomas E. Dewey January 1, 1938 – December 31, 1941 Republican,American Labor,City Fusion elected to a four-year term did not run for re-election 34 Frank Hogan January 1, 1942 – August 10, 1973 Democratic initially elected on the Democratic, Republican, American Labor, Fusion, and United City tickets elected to eight terms tendered his resignation on December 26, 1973 after being re-elected the prior month, and technically remained in office until Kuh was sworn in – Alfred J. Scotti August 10, 1973 – February 13, 1974 (acting) Democratic acting district attorney from the time Hogan was hospitalized until Kuh was sworn in – Richard Kuh February 13, 1974 – December 31, 1974 (interim) Democratic appointed by Governor Malcolm Wilson for the remainder of the year defeated by Morgenthau in both the Democratic primary and a special general election running as a Republican for the remainder of Hogan's term 35 Robert Morgenthau January 1, 1975 – December 31, 2009 Democratic defeated Kuh in both the Democratic primary and in a special election for the remainder of Hogan's ninth term re-elected to eight four-year terms 36 Cyrus Vance Jr. January 1, 2010 – December 31, 2021 Democratic elected to three four-year terms retired37Alvin Bragg Jr.January 1, 2022 – incumbentDemocratic elected to a four-year term
In popular culture Films Legal Eagles (1986)
Television series The D.A.'s Man, which ran for a single season on NBC in 1959, starred John Compton as Shannon, an undercover investigator for the Manhattan DA's office. Produced by Jack Webb, the series fictionalized the career of real-life Manhattan DA's Investigator Harold Danforth, whose autobiography, also titled The D.A.'s Man, written in collaboration with veteran, Pulitzer Prize-winning police reporter James D. Horan, had won an Edgar from the Mystery Writers of America for Best Fact Crime Book. For the People starred William Shatner as an idealistic young deputy district attorney in the Manhattan DA's Office, Howard da Silva as his supervisor, and Lonny Chapman as his investigator. Hawk, which ran for a half-season in 1966, starred Burt Reynolds as Lt. John Hawk, a detective assigned to NYPD's Manhattan DA's Squad.