Defendant John Esposito was police chief of the Metro-North Railroad Company. He was indicated for various acts of alleged misconduct in office. In the order on appeal, Justice Shea dismissed three counts of the indictment charging the crime of official misconduct (Penal Law § 195.00). The first count here at issue, charging his use of the New York State Police Information Network for verifying the disposition of an earlier arrest by his office, pursuant to a release...
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