Jeremy Brown was arrested after a loaded firearm and 16 pounds of marijuana were found in his minivan. (Jeremy admitted to owning the gun, which he legally purchased in Virginia, and claimed that the drugs were intended for his personal use.)
Even though a Kings County Supreme Court judge denied the prosecution's request that the jury be told that Jeremy's gun permit wasn't valid in New York, and that Jeremy's ignorance of the law wasn't an excuse, the D.A. essentially said as much during his summation. (Brown's objection to such remarks were overruled by the trial judge.)
On appeal, Brown argued that by affording the prosecution such latitude, the right to a fair trial had been compromised. And, surprisingly, the Appellate Division, Second Department, agreed that the trial judge had effectively "surrendered" his "nondelegable judicial responsibility." (Once the request for the instruction was denied, it was improper for the prosecutor to use his summation as a way to override the court's determination.)
That sure was instructive.
To view a copy of the Appellate Division's decision, please use this link: People v. Brown