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PEOPLE v. MARRERO

71 A.D.2d 346 (1979)

The People of the State of New York, Appellant, v. Julio Marrero, Respondent

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

December 11, 1979

Attorney(s) appearing for the Case

Benjamin H. Green of counsel (Robert M. Pitler with him on the brief; Robert M. Morgenthau, District Attorney), for appellant.

Arlen S. Yalkut for respondent.

SULLIVAN and LANE, JJ., concur with LUPIANO, J.; FEIN, J. P., and LYNCH, J., dissent in an opinion by LYNCH, J.

LUPIANO, J.

Defendant, employed as a Federal corrections officer in Danbury, Connecticut, was found to be in possession of a loaded .38 caliber pistol on December 19, 1977, while in a social club located at 207 Madison Street, New York City. This resulted in an indictment charging defendant with criminal possession of a weapon in the third degree pursuant to section 265.02 of the Penal Law. The sole issue on...

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