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PEOPLE vs. Marrero

The PEOPLE of the State of New York, Respondent, v. Julio MARRERO, Appellant Court of Appeals of New York

69 N.Y.2d 382, 507 N.E.2d 1068, 515 N.Y.S.2d 212 (1987) |

OPINION OF THE COURT

 BELLACOSA, Judge.

 The defense of mistake of law (Penal Law § 15.20[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 2.101.20 and Penal Law § 265.20, to carry a handgun without a permit as a peace officer.

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 On the trial of the case, the court rejected the defendant's argument that his personal misunderstanding of the statutory definition of a peace officer is enough to excuse him from [p....