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PEOPLE v. EPPERSON

179 A.D.2d 92 (1992)

The People of the State of New York, Appellant, v. Elliot Epperson, Respondent

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

March 31, 1992

Attorney(s) appearing for the Case

Joan P. Sullivan of counsel (Norman Barclay with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Edward Dudley for respondent.

ELLERIN, J., dissents and would affirm for the reasons stated by FITZGERALD, J.

ROSENBERGER, J.

Does the statutory exemption from prosecution for the crime of criminal possession of a weapon (Penal Law § 265.20) apply to one who has been suspended as a police officer? We hold that it does not.

The defendant was suspended by the New York City Police Department for failing to submit to drug testing. Pursuant to departmental regulations, he was ordered to surrender his service...

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