PEOPLE v. MARRERO


94 Misc.2d 367 (1978)

The People of the State of New York, Plaintiff, v. Julio Marrero, Defendant.

Supreme Court, New York County.

May 3, 1978


Attorney(s) appearing for the Case

Vogel, Marks & Rosenberg (Joel Stewart Charleston of counsel), for defendant. Robert M. Morgenthau, District Attorney (James W. Herman of counsel), for plaintiff.


E. LEO MILONAS, J.

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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