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MATTER OF APONTE v. DEP'T OF INVESTIGATION OF THE CITY OF NEW YORK

51 A.D.2d 905 (1976)

In the Matter of Humberto Aponte, as City Marshal of The City of New York, Individually and on Behalf of All City Marshals of The City of New York, Respondent, v. Department of Investigation of the City of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 1, 1976

Despite the historical role city marshals have played in this city, the dangers their jobs sometimes subject them to and their previous classification (Code Crim Pro, § 154), the Legislature has now deliberately excluded such officials from the current definition of "Peace officer" and refused to exempt them from the provisions of the Penal Law relating to criminal possession of firearms and other dangerous weapons. (CPL 1.20, subd 33; Penal Law, § 265.20, subd...

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