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Editing People v. Marrero
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''People v. Marrero'', 69 N.Y.2d 382, 507 N.E.2d 1068. | ''People v. Marrero'', 69 N.Y.2d 382, 507 N.E.2d 1068. | ||
'''Facts''': Marrero was a correctional office in a | '''Facts''': Marrero was a correctional office in a Florida St. prison. He was arrested in a NYC social club for unlicensed possession of a loaded gun. D thought that he was exempt by a provision in the State statute that allowed for "peace officers" to carry loaded weapons. The definition of a peace officer in the statute included "correction officers of any state correctional facility or of any penal correctional institution". | ||
'''Procedural History''': D's pretrial motion to dismiss the indictment was granted on the ground that he was a peace officer within the meaning of the statutory exemption. The appellate division reinstated the indictment, holding that he didn't qualify under the statute as a "peace officer." D was convicted by a jury. Appellate division confirmed. D appealed. | '''Procedural History''': D's pretrial motion to dismiss the indictment was granted on the ground that he was a peace officer within the meaning of the statutory exemption. The appellate division reinstated the indictment, holding that he didn't qualify under the statute as a "peace officer." D was convicted by a jury. Appellate division confirmed. D appealed. |