United States
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People v. Lohnes |
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People v. Maikhio |
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People v. McCree |
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People v. McKnight |
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People v. Meadows |
Defendant Amber Meadows allegedly neglected to provide dogs Athena, Buddy, and Meeko, with air, food, and water, and confined them in a bedroom where feces was found on the floor and furniture. Meadows was prosecuted for three counts of the unclassified misdemeanor of failure to provide proper food and drink to an impounded animal in violation of § 356 of the Agriculture and Markets Law (AML). Meadows moved to dismiss the Information as facially insufficient and stated that the Supporting Deposition indicated that the dogs were “in good condition.” The People of the State of New York argued that the allegations in both the Information and Deposition, taken together, provide a sufficient basis to establish the elements of the crime. The Canandaigua City Court, Ontario County, held that: (1) “impounded” as stated in § 356 of the Agriculture and Markets Law does not apply to individual persons, and (2) even if the statute applied to individual persons, the allegations in the Information were not facially sufficient. The court reasoned § 356 does not apply to individual persons, but instead applies only to “pounds” operated by not-for-profit organizations, or kennels where animals are confined for hire. The court also stated that even if § 356 were to apply to individuals, under no construction of the facts here could the charge be sustained, as it appeared that the animals were properly cared for in the Defendant's apartment up to the point where she was forcibly detained. The conditions observed by law enforcement authorities on the date alleged in the Information were apparently several days after Meadow's incarceration and after which she was unsuccessful in securing assistance for the dogs while incarcerated. The Information was dismissed with prejudice, and the People's application for leave to file an amended or superseding Information was denied. |
People v. Miller | In this New York case, defendant appeals his conviction for burglary in the second degree, petit larceny, and criminal contempt in the first degree. The incident occurred when defendant went back over to his girlfriend's house after he called her to ask permission to visit the dogs. The complainant declined, saying she had plans for an outing with the dogs that day. Witnesses later observed defendant banging on the complainant's door and subsequently opening a window and climbing in her residence. After forcing entry, defendant took the dogs and complainant called 911. Subsequently, defendant led police on a high speed chase, and, after being arrested, defendant claimed the dogs were licensed to him. The appellate court viewed all the evidence of the elements for each crime and rejected defendant's contention that the verdict was against the weight of the evidence. Thus, the judgment was affirmed. Notably, two judges dissented on this appeal, finding that defendant "had at least a good faith basis for claiming an ownership interest the dogs." The dissent found the dogs may have been jointly owned and that, prior to his arrest, "defendant simply intended to take the dogs for a walk and then return them." |
People v. Minney |
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People v. Minutolo | Defendant appealed from a judgment convicting him of animal cruelty in violation of New York Agriculture and Markets Law § 353. The conviction stemmed from defendant's action in repeatedly striking one of his dogs out of "frustration" after the dog failed to come when called. On appeal, defendant called into question the authentication of surveillance video from a nearby gas station showing him striking the dog. The Supreme Court, Appellate Division found the portion of surveillance video showing defendant repeatedly striking one of his dogs was sufficiently authenticated. Further, other evidence established that he "cruelly beat" the dog by punching the dog with a closed fist three to five times. Finally, defendant's challenge to the penalty imposed under Agriculture and Markets Law § 374 (8)(c) (the possession ban provision) that prohibits defendant from owning or otherwise having custody of any other animals for 10 years was rejected by the court. The judgment was unanimously affirmed. |
People v. O'Rourke |
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People v. Olary |
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