Taylor v. New York State Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—White, J.
Appeal from a judgment of the Supreme Court (Bradley, J.), entered July 22, 1997 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request to lift his suspension to carry a firearm off duty.
State correction officers, like petitioner, are granted a statutory exemption from prosecution for criminal possession of a weapon (Penal Law § 265.20 [a] [1] [c]; CPL 2.10 [25]). This exemption is circumscribed by respondent’s Directive No. 2020, which provides it with the right to…
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