CB People v. Marrero - People v Marrero 507 N.E 2d 1068(N.Y...

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People v. Marrero 507 N.E. 2d 1068 (N.Y. 1987) Fact: Procedural Facts: Operative Facts: Marrero is a Federal corrections officer, and he was arrested for possession of a loaded .38 caliber automatic pistol (handgun). He claims that he mistakenly believed he was entitled to carry one because of New York’s Penal Code: Penal Law 265.20: “to carry a handgun without a permit as a peace officer.” Since he relied mistakenly on the penal code law, but misinterpreted it, he believed that he should not be criminalized because of it. But the courts do not allow mistakes of the law as a defense unless: 1) (Penal Code 15.20) Effects of ignorance or mistake upon liability 2) A person is not relieved of criminal liability for conduct because he engages in such conduct under a mistaken belief that it does not, as a matter of law, constitute an offense, unless mistaken belief is founded upon an official statement of law contained in: a. A statutes or other enactment b. An interpretation of the statutes or law relating to the offense
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