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Supreme Court of New York

People v. Koogan
New York
256 A.D. 1078 (N.Y. App. Div. 1939)

Case Details
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Summary:   Defendant was guilty of cruelty to animals for working a horse with open sores. Defendant knew about the poor condition of the horse. When he permitted the horse to be hired out despite this condition, the court found it the horse was tortured.

Judge Lazansky delivered the opinion of the court.

Opinion of the Court:
*1078 Appeal from a judgment of the Court of Special Sessions of the City of New York, Borough of Brooklyn [County of Kings], convicting defendant of a violation of section 185 of the Penal Law (cruelty to animals), and sentencing him to pay a fine of $100, which he paid. Judgment unanimously affirmed. The proof established that the defendant had personal knowledge of the condition of the horse. It also established that the horse was suffering from open sores and was permitted to be hired out despite this condition, with consequent torture to the animal. Under these circumstances the defendant is guilty of a violation of section 185. (People v. Weeks, 172 App. Div. 117.) Apart from the element of personal knowledge, the testimony warranted a conviction. (Verona Central Cheese Co. v. Murtaugh, 50 N. Y. 314; People ex rel. Price v. Sheffield Farms Co., 225 id. 25.)
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