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People v. Marrero
As you read Marrero, consider these questions:
1. The general rule is that “ignorance of the law is no defense.” Why? What are the utilitarian and retributive arguments for and against the general rule?
2. What was Marrero charged with? (Look at the statute in the New York Penal Law). What are the elements of that offense? What is the mental state?
3. What did Marrero do?
4. Before trial, Marrero made a dispositive motion. What was the basis for that motion? How did the trial court rule on the motion? How did the appellate court rule?
5. How would you interpret the definition of “peace officer” § 2.01 of the Criminal Procedure Law?
6. At trial, what was Marrero’s defense? What happened in the Appellate Division?
7. What is the general rule for mistake of law in New York? What are the statutory exceptions to that rule? On which exception does Marrero rely?
8. How does the majority opinion view Marrero’s argument? Do you agree with the result?
9. What is the dissent’s argument? In the dissent’s view, must a mistake of law be reasonable to be a defense?
10. As between the majority and the dissent, which do you think has the better policy argument? As between the majority and the dissent, which do you think has the better statutory argument?
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