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PEOPLE v. BOOTH

20 Misc.3d 549 (2008)

862 N.Y.S.2d 767

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. BENJAMIN L. BOOTH, JR., Defendant.

County Court, Orange County.

May 29, 2008.

Attorney(s) appearing for the Case

William J. Wolfe, Campbell Hall, DeCotiis FitzPatrick Cole & Wisler (Steven C. Mannion and Zachary A. Kozak of counsel), and LT John Cashman, U.S. Coast Guard, First District, Boston, Massachusetts, for defendant.

Francis D. Phillips, II, District Attorney, Goshen (Lorri Goldberg of counsel), for plaintiff.

OPINION OF THE COURT

ROBERT H. FREEHILL, J.

Defendant is charged in this indictment with the crime of criminal possession of a weapon in the second degree.

In his omnibus motion, defendant moved to dismiss the indictment claiming that he is exempt from prosecution for criminal possession of a weapon in the second degree by the application of the Law Enforcement Officers Safety Act of 2004 (LEOSA). To establish...

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