CRM/LAW C144 Chapter Notes - Chapter MARRERO and CITY OF SAULT STE MARIE: Consolidated Laws Of New York, Model Penal Code, Prison Officer
19 Jun 2017
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A corrections officer at a federal prison in connecticut. Underlying facts, the actual crime that took place. Ny penal law 265. 02: a crime for any person to possess a loaded firearm, subject to exemptions stated. Peace officers as defined in section 1. 20 of criminal procedure law, which in turn referred to a definition in cpl 2. 10, defining peace officer to include correction officers of any state correction facility or of any penal correctional institution . Pretrial motion to dismiss the indictment was granted on the ground that he was a peace officer within the meaning of the statutes. The appellate division reinstated the indictment, holding that the defendant was not a peace officer within the meaning of the cpl statutes. Then convicted at a trial where the judge refused to instruct the jury to acquit if it found that marrero reasonably believed he qualified for the statutory exemption.
