People v. Smith

OPINION OF THE COURT

Robert M. Haft, J.

Defendant stands indicted for the crime of criminal possession of a weapon in the third degree. He moves this court to dismiss the indictment claiming exemption from prosecution as a “peace officer” by operation of section 265.20 of the Penal Law.

The defendant was arrested pursuant to an automobile stop and allegedly found in possession of a pistol. At the time of his arrest in New York County, he was employed as a part-time Deputy Sheriff in Orange County. Defendant argues that as a duly sworn Deputy Sheriff, he is immune from prosecution under section…