Kraemer v. County Court

Froessel, J. (dissenting).

The petitioners herein were charged with trespass in dropping anchor, from their respective boats, upon private land under water, without the authority of the owner thereof, in violation of an ordinance of the Village of Lloyd Harbor. There is no dispute as to the facts. At the close of the People’s case, during a consolidated trial, petitioners’ attorney moved to dismiss the informations on the ground “ that navigable waters, no matter who owns the ground under the water, can be used by the public in their boats for anchoring ”. In doing so, petitioners in effect…