the law says the governor shall appoint the attorney general in cases of special prosecution
OverstatedKathy Hochul, at New York Governor General Election Debate (Spectrum News)
5:26 pmWhy this verdict View evidenceHide evidence
Why we checked itHochul is citing a specific legal provision to justify appointing the attorney general as special prosecutor — the exact wording and scope of this law is verifiable and directly relevant to the exercise of her gubernatorial authority
What we foundNew York law does give the governor authority to require the attorney general to act as special prosecutor, and the AG 'shall' do so when the governor directs it—but the appointment is not automatic; it is contingent on the governor choosing to issue such a requirement.