(Violations of federal law are prosecuted by the United States Attorney for the Eastern District of New York).

In a legislative act of February 12, 1796, New York State was divided into seven districts, each with its own Assistant Attorney General.

Under the State Constitution of 1821, the district attorney was appointed to a three-year term by the Court of General Sessions, and under the State Constitution of 1846, the office became elective by popular ballot.

An acting district attorney was appointed by the Court of General Sessions pending the Governor's action.

In case of a vacancy, the governor appoints an interim district attorney and can call a special election for the remainder of the term.