The defendant was indicted on December 29, 1977 for possession of a weapon in the third degree, in violation of section 265.02 of the Penal Law. He now moves to dismiss the charge against him on the ground that, as a Federal correction officer, he is exempt from prosecution under section 265.20 (subd a, par 1, cl [a]) of the Penal Law. According to that provision, section 265.02, among others, does not apply to a peace officer, which...
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