People v. Marrero
Court of Appeals of New York
507 N.E.2d 1068 (1987)
Marrero (defendant), a federal corrections officer, was arrested in Manhattan at a social club for unlicensed possession of a loaded .38 caliber pistol in violation of state law. Penal Law § 265.02(a)(1)(a) expressly exempted “peace officers,” from the statute. The term “peace officers” was defined by the statute to include “correction officers of any state correctional facility or of any penal correctional institution.” Marrero’s pretrial motion to dismiss the indictment was granted by the trial court on the ground that he was a “peace officer” as defined under the law. The appellate division reversed and reinstated the indictment, holding that Marrero was not a “peace officer” within the meaning of the exemption. Marrero was thereafter tried by jury and found guilty. The trial court rejected Marrero’s request for a jury instruction that would have allowed the jurors to consider his reasonable belief that the statutory exemption for peace officers applied to him as a defense. The appellate division affirmed the conviction and Marrero appealed.
Rule of Law
Holding and Reasoning (Bellacosa, J.)
Dissent (Hancock, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.