New York

Displaying 151 - 160 of 204
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People v Arcidicono


The defendant was properly convicted of cruelty when a horse in his custody and care had to be destroyed due to malnutrition. The defendant was in charge of feeding the gelding, and was aware of his loss of weight. He knew the diet was inadequate but failed to provide more food. The defendant was guilty of violating Agriculture and Markets Law § 353 for failing to provide proper sustenance to the horse. 

People v. Arcidicono


The court held the bailee of a horse liable for failing to provide necessary sustenance to the horse, even though the owner of the horses had refused to pay for the necessary feed.

 

People v. Arroyo


This case presents the court with a novel question: Does a pet owner commit an act of cruelty, for which he or she could be prosecuted criminally, by not providing an ill pet (in this case, terminally ill) with medical care?  Defendant charged with violation of New York's anticruelty statute and moved for dismissal.  In engaging in statutory interpretation, the Court held that:  (1) provision prohibiting the deprivation of "necessary sustenance" was vague when applied to defendant, and (2) that the provision prohibiting "unjustifiably" causing pain to an animal was also vague when applied to defendant.  Motion granted.

People v. Beauvil


This New York case came before this Court after the District Attorney refused to prosecute the case. The complaintant alleged that on April 16, 2008, he was walking down a public sidewalk when a loose dog, later identified as belonging to the defendants, ran up to and bit the complainant on the hand. Police were contacted and a complaint was made to the Village of Westbury Attorney who then advised the complainant to file a formal complaint with the Nassau County District Attorney's office. The District Attorney's office declined to prosecute and instead suggested that the Village handle the matter. This Court held that it has no jurisdiction to hear the misdemeanor charge stemming from the violation of Agriculture & Markets Law § 121 (but then did list the other avenues available for the complaintant). This Court, sua sponte, also held that the Agriculture & Markets Law § 121, as applied to Nassau County Village Justice Courts, is unconstitutional. This was due to the fact that Village Courts have no jurisdiction (or ability, as pointed out by the court) to hear misdemeanors.

People v. Bootman


This is one of the first cases to construe the issue of interstate commerce with regard to state game laws and the Lacey Act.  Defendant purchased game birds that were killed outside of New York and brought them into the state when it was lawful to possess them.  The court stated it was required by the rule of stare decisis to hold that the Legislature did not intend to make criminal the possession during the closed season of game killed and brought here during the open season.  The court notes that the passage of the New York legislation occurred three months before the passage of the Lacey, thus having no effect.  The court does go on to note the Legislature has now made it clear that it is well within state police power to regulate wildlife.

People v. Brinkley Defendant was convicted of aggravated cruelty to animals. The Defendant appealed the judgment. Defendant and his nephew had purchased a puppy and continually used negative reinforcement, such as paddling or popping the dog on the rear end with an open hand, for unwanted behavior. On one occasion, when the dog was approximately 15 months old, the Defendant’s nephew found that the dog had defecated in the apartment. The nephew attempted to paddle the dog and the dog bit the nephew’s thumb as a result. When the Defendant had returned home, the nephew explained to him what had happened. The Defendant proceeded to remove the dog from his crate, put the dog’s face by the nephew’s injured thumb, and told him he was a bad dog. The dog then bit off a portion of the Defendant’s thumb. The Defendant attempted to herd the dog onto the back porch, but the dog became aggressive and continued to bite him. As a result, the Defendant repeatedly kicked the dog and used a metal hammer to beat the dog into submission. The dog later died due to his injuries. The Defendant argued that he had a justifiable purpose for causing the dog serious physical injury. The Defendant testified that he was in shock from the injury to his thumb and that he was trying to protect himself and his nephew. However, other evidence contradicted the Defendant's testimony. The dog was in a crate when the Defendant got home, and the Defendant could have left him there rather than take the dog out to discipline him. The Defendant was at least partially at fault for creating the situation that led him to react in such a violent manner. The Court reviewed several of the Defendant’s contentions and found them all to be without merit. The judgment was ultimately affirmed.
People v. Curcio


In this New York case, Defendant moved to dismiss the complaint of Overdriving, Torturing and Injuring Animals and Failure to Provide Proper Sustenance for Animals (Agriculture and Markets Law § 353), a class A misdemeanor. The charge resulted from allegedly refusing to provide medical care for his dog, Sophie, for a prominent mass protruding from her rear end. This Court held that the statute constitutional as applied, the complaint facially sufficient, and that the interests of justice do not warrant dismissal. Defendant argued that the Information charges Defendant with failure to provide medical care for a dog, and that A.M.L. § 353 should not be read to cover this situation. However, the Court found that the complaint raises an “omission or neglect” permitting unjustifiable pain or suffering, which is facially sufficient.

People v. Garcia


In this New York case, the court, as a matter of first impression, considered the scope of the aggravated cruelty law (§ 353-a(1)) in its application to a pet goldfish.  Defendant argued that a goldfish should not be included within the definition of companion animal under the statute because there is "no reciprocity in affection" similar to other companion animals like cats or dogs.  In finding that the statute did not limit the definition as such, the court held that defendant's intentional stomping to death of a child's pet goldfish fell within the ambit of the statute.  Accordingly, the judgment of the Supreme Court, New York County that convicted defendant of attempted assault in the second degree, criminal possession of a weapon in the third degree, criminal mischief in the third degree, assault in the third degree (three counts), endangering the welfare of a child (three counts), and aggravated cruelty to animals in violation of Agriculture and Markets Law § 353-a(1) was affirmed.

People v. Garcia


Defendant was convicted for violating the anti-cruelty statute toward animals.  On appeal, the Court held that the statute was not unconstitutionally vague when applied to defendant's crimes.  Motion denied.

People v. Gordon This New York case reflects Defendant's motion to dismiss the "accusatory instrument" in the interests of justice (essentially asking the complaint to be dismissed) for violating Agricultural and Markets Law (AML) § 353, Overdriving, Torturing and Injuring Animals or Failure to Provide Proper Sustenance for Animals. Defendant's primary argument is that she is not the owner of the dog nor is she responsible for care of the dog. The dog belongs to her "abusive and estranged" husband. The husband left the dog in the care of their daughter, who lives on the second floor above defendant. When the husband left for Florida, he placed the dog in the backyard attached to his and defendant's ground floor apartment. The dog did not have proper food, water, or shelter, and slowly began to starve resulting in emaciation. While defendant asserts she has been a victim of domestic violence who has no criminal record, the People counter that defendant was aware of the dog's presence at her residence and allowed the dog to needlessly suffer. This court noted that defendant's motion is time-barred and must be denied. Further, despite the time bar, defendant did not meet her burden to dismiss in the interests of justice. The court noted that, even viewing animals as property, failure to provide sustenance of the dog caused it to suffer needlessly. In fact, the court quoted from in Matter of Nonhuman Rights Project, Inc. v. Lavery (in which denied a writ of habeas corpus for two chimpanzees) where the court said "there is not doubt that [a chimpanzee] is not merely a thing." This buttressed the court's decision with regard to the dog here because "he Court finds that their protection from abuse and neglect are very important considerations in the present case." Defendant's motion to dismiss in the interest of justice was denied.

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