Legal Opinion
People v. Marrero
New York Court of Appeals
Decided April 2, 1987PublishedCited by 29 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
The defense of mistake of law (Penal Law § 15.20 [2] [a], [d]) is not available to a Federal corrections officer arrested in a Manhattan social club for possession of a loaded .38 caliber automatic pistol who claimed he mistakenly believed he was entitled, pursuant to the interplay of CPL 2.10, 1.20 and Penal Law § 265.20, to carry a handgun without a permit as a peace officer.
In a prior phase of this criminal proceeding, defendant’s motion to dismiss the indictment upon which he now stands convicted was granted (94 Misc 2d 367); then it was reversed and the…
2Cases cited7 opinions
- Morris v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1846
- People v. CorleyNew York Court of Appeals · 1986
- People v. WeissNew York Court of Appeals · 1938
- Gardner v. . People of the State of N.Y.New York Court of Appeals · 1875
- People v. MarreroAppellate Division of the Supreme Court of the State of New York · 1979
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State v. LeavittCourt of Appeals of Washington · 2001
- State v. LeavittCourt of Appeals of Washington · 2001
- People v. FraserNew York Court of Appeals · 2001
- State v. SteeleCourt of Appeals of Utah · 2010
- Burrows v. 75-25 153rd St., LLCNew York Court of Appeals · 2025
24 more not listed; retrieve them via the Exa API.