Legal Opinion
People v. Epperson
Appellate Division of the Supreme Court of the State of New York
Decided March 31, 1992PublishedCited by 4 opinions
1Opinion of the Court
*93OPINION OF THE COURT
Rosenberger, J.
Does the statutory exemption from prosecution for the crime of criminal possession of a weapon (Penal Law § 265.20) apply to one who has been suspended as a police officer? We hold that it does not.
The defendant was suspended by the New York City Police Department for failing to submit to drug testing. Pursuant to departmental regulations, he was ordered to surrender his service revolver, private firearms, shield and identification card. While on suspension, the defendant was seen entering a known drug location with a weapon. He then entered a car and drove…
2Cases cited7 opinions
- Salata v. TolmanAppellate Division of the Supreme Court of the State of New York · 1972
- McNamara v. . the Mayor, Etc.New York Court of Appeals · 1897
- People v. DesthersCriminal Court of the City of New York · 1973
- People v. PiantoAppellate Division of the Supreme Court of the State of New York · 1927
- In re the Arbitration between Langer & LiverantAppellate Division of the Supreme Court of the State of New York · 1963
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3Cited by4 opinions
- Taylor v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1998
- People v. VeraAppellate Division of the Supreme Court of the State of New York · 2004
- People v. PenaAppellate Division of the Supreme Court of the State of New York · 1995
- Barcomb v. SaboCourt of Appeals for the Second Circuit · 2012