January 19, 2014

People v. Marrero - 69 N.Y.2d 382, 507 N.E.2d 1068 (1987) - New York Court of Appeals


FACTS: Defendant was arrested in a Manhattan nightclub for possession of a loaded .38.  He claimed thought that being a federal peace officer was the same as a state  peace officer under the law of NY.

HISTORY: Trial court found him guilty and the Appellate Division affirmed.

ISSUE: Does a mistake of law relieve one from liability?

HOLDING: No

RATIONALE: If the defendant's argument was allowed it would encourage a string of mistake of law defenses in all criminal cases?

DISSENT: get help with the interpretation pg. 261