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People v. Marrero

Court of Appeals of New York

507 N.E.2d 1068 (1987)

Relevant factsFree

Marrero, a federal corrections officer arrested for unlicensed firearm possession, argued he reasonably though mistakenly believed the statutory exemption for "peace officers," defined to include state and penal correctional officers, also covered him, and the trial court initially dismissed the indictment on that basis before the appellate division reversed and reinstated it, ultimately resulting in his conviction after the trial court refused his requested mistake-of-law jury instruction.

IssueFree

Whether one who violates a statute may raise a good faith mistaken belief as to the meaning of the law as a defense.

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