People v. Pestronk

Charles Solomon, M.

Neither side in the instant prosecution, notwithstanding diligent research, has been able to find a single reported case in this State directly in point on the precise issue here involved. A cause which presents a new question for the first time, and for which, consequently, there is no precedent applicable in all respects, is said to be a case of first impression. (Bouvier’s Law Dictionary [Rawle’s 3d rev.], p. 1515; People v. Pinnock, 207 Misc. 1097.) This case seems to fall in the aforesaid category.

Defense counsel ask the court to note here that underwater activity, as…