People v Marrero case brief

People v Marrero

FACTS
D was arrested for unlicensed possession of a loaded pistol in a nightclub in violation of penal law §265.02, where there is an exemption for correctional officers. D protested that he was a federal corrections officer and therefore exempted.

• • Issue: May D’s personal misreading or misunderstanding of a statute excuse criminal conduct?
  • If ∆s argument was accepted the exception would swallow the rule, w/ the exception of people who never read the statute at all (and unreasonable people).
  • Rule: A good faith mistaken belief as to the meaning of a criminal statute is no defense to a violation of a statute.
  • Reasonable-Reliance Doctrine: For a statement to be “official” it must be contained in:
    • A statute later declared to be invalid
    • Judicial decision; later erroneous in the highest court in jurisdiction
    • Official, but erroneous, interpretation of law from public officer in charge
  • Dissent- takes issue w/ majority on two counts
    • (1) The Penal Code must be construed so that the man is precluded from offering a defense base on his mistake of law and
    • (2) Such construction is compelled by prevailing considerations of public policy and criminal jurisprudence
  • If a man is law abiding and wouldn’t have acted but for a mistaken assumption of law, there is no need to punish him.