Gonzalez v. City of New York

OPINION OF THE COURT

Louis B. York, J.

This decision addresses an issue which apparently is one of first impression: whether New York City marshals are peace officers within the meaning of the CPL. As explained below, because New York City has not sought State certification for the Marshals, the Marshals are not peace officers. Therefore, the court grants the motion of defendants the City of New York (the City) and the New York City Department of Investigation (DOI) to dismiss them from this lawsuit.

In the underlying action, plaintiff Pedro Gonzalez alleges he sustained serious injuries while…