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  5. 69 N.Y.2d 382 (1987)
 

PEOPLE v. MARRERO

69 N.Y.2d 382 (1987)

The People of the State of New York, Respondent, v. Julio Marrero, Appellant.

Court of Appeals of the State of New York.

Decided April 2, 1987.

Attorney(s) appearing for the Case

Andrew C. Fine, Katherine Preece and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Robert M. Raciti and Donald J. Siewert of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS and TITONE concur with Judge BELLACOSA; Judge HANCOCK, JR., dissents and votes to reverse in a separate opinion in which Judges KAYE and ALEXANDER concur.

BELLACOSA, J.

The defense of mistake of law (Penal Law § 15.20 [2] [a], [d]) is not available to a Federal corrections officer arrested in a Manhattan social club for possession of a loaded .38 caliber automatic pistol who claimed he mistakenly believed he was entitled, pursuant to the interplay of CPL 2.10, 1.20 and Penal Law § 265.20, to carry a handgun without a permit as a peace officer.

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