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PEOPLE v. PEARSON

85 Misc.2d 1029 (1976)

The People of the State of New York, Plaintiff, v. Kevin Pearson, Defendant.

Criminal Court of the City of New York, Queens County.

March 8, 1976

Attorney(s) appearing for the Case

Nicholas Ferraro, District Attorney (Ira H. Margulies of counsel), for plaintiff. William J. Gallagher and Kenneth Black for defendant.

M. MARVIN BERGER, J.

In 1725 the Italian philosopher, Giambattista Vico, wrote: "Men of limited ideas take for law what the words expressly say. Intelligent men take for law whatever impartial utility dictates in each case." (The New Science, Book I, Axioms 319, 323.)

Vico's pragmatism had been preshadowed by earlier pronouncements; for example, St. Paul, who, in Second Corinthians III 6, said: "Not...

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