In People v. Rypinski 157 AD2d 260 (1990), the defendant, while intoxicated, pulled a rifle from the back seat of his car and shot the victim. The defendant offered as a defense his belief that the gun was not loaded. The Appellate Division, in holding that the jury should have been charged on the mistake-of-fact defense with respect to the reckless assault count, ruled that the defendant's belief about the readiness of the gun need not be reasonable to warrant a charge on the mistake-of-fact defense. The Court's reasoning went like this: (1) The Court of Appeals decision in Marrero held that New York's mistake-of-law defense was birthed from a similar provision of the Model Penal Code. Accordingly, the Model Penal Code's mistake-of-fact defense should be the model for New York's mistake-of-fact defense. (2) The commentary to the Model Penal Code noted that a mistake of fact need not be based on a reasonable belief in order to exculpate a defendant of a crime; a subjective belief will suffice. (3) Therefore, New York's mistake-of-fact defense does not require that the defendant's belief as to the existing facts at the time of the commission of the crime must be reasonable. This is a curious holding in that it defaults its legal rationale to the commentator of the Model Penal Code and the Court's holding is directly contrary to the parallel rationale of the Court of Appeals holding in People v. Marrero, that no belief, reasonable or otherwise, would get the defendant a charge on the mistake-of-law defense.