PEOPLE v. SMITH


105 Misc.2d 586 (1980)

The People of the State of New York, Plaintiff, v. George Smith, Defendant.

Supreme Court, New York County.

October 20, 1980.


Attorney(s) appearing for the Case

Leon Polsky and Lee Elkins for defendant. Robert M. Morgenthau, District Attorney (Sarah Hines of counsel), for plaintiff.


ROBERT M. HAFT, J.

Defendant stands indicted for the crime of criminal possession of a weapon in the third degree. He moves this court to dismiss the indictment claiming exemption from prosecution as a "peace officer" by operation of section 265.20 of the Penal Law.

The defendant was arrested pursuant to an automobile stop and allegedly found in possession of a pistol. At the time of his arrest in New York County, he was employed as a part-time...

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