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COUNTY OF ORANGE v. DCJS

3 A.D.3d 206 (2003)

770 N.Y.S.2d 180

In the Matter of COUNTY OF ORANGE, Appellant, v. NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES et al., Respondents.

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

December 24, 2003.

Attorney(s) appearing for the Case

Catherine M. Bartlett, County Attorney, Goshen (Laura Matlow of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Robert M. Goldfarb of counsel), for respondents.

CARDONA, P.J., PETERS, SPAIN and CARPINELLO, JJ., concur.

OPINION OF THE COURT

MERCURE, J.

Petitioner employs a number of full-time probation officers, all of whom qualify as "peace officers" (see CPL 2.10 [24]). Pursuant to a 1991 amendment to CPL 2.30, employers of peace officers must provide a "course of training in the use of deadly physical force and firearms and other weapons . . . not later than six months from the date on which the officer was appointed, where the officer is authorized to carry a...

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