People v. Marrero

OPINION OF THE COURT

Lupiano, J.

Defendant, employed as a Federal corrections officer in Danbury, Connecticut, was found to be in possession of a loaded .38 caliber pistol on December 19, 1977, while in a social club located at 207 Madison Street, New York City. This resulted in an indictment charging defendant with criminal *347possession of a weapon in the third degree pursuant to section 265.02 of the Penal Law. The sole issue on appeal is whether the defendant is exempt from prosecution pursuant to section 265.20 (subd a, par 1, cl [a]) of the Penal Law which in pertinent part provides that the…