Anti-Cruelty

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Titlesort descending Summary
People v. O'Rourke


The owner of a horse was guilty of cruelty to animals for continuing to work a horse he knew was limping. The court found that defendant owner was aware that the horse was unfit for labor, and was thus guilty of violating N.Y. Agric. & Mkts. Law § 353 for continuing to work her.
People v. Olary


Defendant argued that there was not sufficient evidence to sustain his conviction of cruelty to animals.  Specifically, he pointed out that there was no direct testimony with regard to the cause of the injuries to his cows.  The court disagreed and held that inattention to the condition of the animals was sufficient to constitute the offense of cruelty to animals. 

People v. Olary (On Appeal)


Defendant argued that the evidence was insufficient to support his conviction of cruelty to animals.  Specifically, defendant argued that the Court of Appeals erroneously upheld the conviction because of his inattention to the condition of the cows and failure to provide medical treatment, when such action or failure to act was not punishable under the anti-cruelty statute.  The Supreme Court held that the evidence was sufficient to sustain a conviction of cruelty to animals because as a farmer, defendant could have realized that his conduct was cruel. 

People v. Panetta Defendant was convicted of animal cruelty, inadequate shelter, and failing to seek veterinary care for her numerous dogs. After an initial seizure of two dogs, defendant was served with a notice to comply with care and sheltering of her remaining dogs. Following inspections about a month later, inspectors found that defendant had failed to comply with this order, and dogs suffering from broken bones and other injuries (including one dog with "a large tumor hanging from its mammary gland area") were seized and subsequently euthanized. As a result, defendant was arrested and charged with 11 violations of Agriculture and Markets Law § 353 and local code violations. Defendant then moved to suppress the physical evidence and statements taken during the initial warrantless entry onto her property and the evidence obtained after that during the execution of subsequent search warrants, arguing that the initial warrantless entry tainted the evidence thereafter. At the suppression hearing, a building contractor who had visited defendant's residence testified that he contacted the Office for the Aging because he had concerns for defendant. An official at the Office for the Aging also testified that the contractor told her that he observed 6 dogs in the home and about 50-100 dogs in outdoor cages. The investigating officer who ultimately visited defendant's property reported that there were nearly 100 dogs living in "unhealthy conditions" on defendant's property. Upon encountering defendant that day, the officer testified that defendant demanded a search warrant for further investigation (which the officer obtained and executed later that day). Following this hearing, the City Court held that while the officer's entry violated defendant's legitimate expectation of privacy, his actions were justified under the emergency exception warrant requirement and, thus, denied defendant's motion to suppress. On appeal here, defendant argues that the prosecution failed to establish the officer had reasonable grounds to believe there was an immediate need to protect life or property and that all the evidence obtained thereafter should have been suppressed. Relying on previous holdings that allow the emergency exception in cases where animals are in imminent danger of health or need of protection, this court found that the prosecution failed to establish the applicability of the emergency doctrine. In particular, the court was troubled by the fact that, on the first visit, the officers crossed a chain fence that was posted with a no trespassing sign (although they testified they did not see the sign). Because the officers only knew that there were "unhealthy conditions" on defendant's property in a house that the contractor testified that he thought should be "condemned," this did not support a conclusion of a "substantial threat of imminent danger" to defendant or her dogs. While in hindsight there was an emergency with respect to the dogs, the court "cannot retroactively apply subsequently obtained facts to justify the officers' initial entry onto defendant's property." As a result, the court remitted the matter to the City Court for a determination of whether the seizures of evidence after the initial illegal entry occurred under facts that were sufficiently distinguishable from the illegal entry so to have purged the original taint.
People v. Peters


A veterinarian was convicted of animal cruelty and sentenced to three years of probation based upon his alleged unjustifiable failure under Agriculture and Markets Law § 353 to provide a mare and her foal with necessary sustenance, food and drink in September 2005. After conviction by jury, the lower court denied defendant-veterinarian's motion to vacate judgment of conviction. The Supreme Court, Appellate Division found that while defendant failed to preserve his challenge for sufficiency of the evidence, the jury verdict was against the weight of the evidence. In particular, the court found that the expert testimony contradicted the evidence that the foal was mistreated.
People v. Preston


Defendant was convicted of wilfully and maliciously killing three cows.  The issue considered on review was: "Are the circumstances and testimony here, aliunde the confession of the respondent, sufficient to create such a probability that the death of the cattle in question was intentionally caused by human intervention and to justify the admission in evidence of the alleged confession of the respondent?"  The court held that the evidence was sufficient to sustain the conviction.

People v. Proehl (unpublished)


Defendant was convicted of failing to provide adequate care to 16 horses. On appeal, Defendant first argued that, to him, nothing appeared to be wrong with his horses and, consequently, no liability can attach. The court disagreed, explaining: "Defendant's personal belief that his horses were in good health . . . was therefore based on fallacy, and has no effect on his liability under the statute." Defendant also maintained that he is an animal hoarder, which is a "psychological condition" that mitigates his intent. Rejecting this argument, the court noted that Defendant’s "hoarding" contention is based upon a non-adopted bill which, in any event, fails to indicate whether animal hoarding may serve as a proper defense.
People v. Restifo This is an appeal of a verdict to convict defendant of aggravated cruelty to animals. Defendant was walking his two pit bull dogs and allowed the dogs enough leash space to reach a pet cat resting on the steps of its owner’s porch. The cat’s owners, who were witnesses to this event, watched as the pit bulls mauled their pet cat. When the witnesses asked defendant to stop his dogs, defendant attempted to flee with his dogs still carrying the cat’s body in its mouth. The witnesses pursued and eventually, the dog dropped the deceased cat’s body. Defendant was charged with aggravated cruelty to animals and overdriving, torturing and injuring animals, and failure to provide proper sustenance. Defendant was convicted, and appealed the aggravated animal cruelty charge. Defendant argues that the verdict was not supported by sufficient evidence. The court here found that defendant was well aware that the dogs were aggressive, even keeping them separate from his young son because of their propensity to attack smaller animals. There was also testimony from another neighbor of defendant allowing his dogs to chase feral cats off her porch without stopping them, and testimony regarding defendant’s dog previously mauling a smaller dog without defendant intervening to stop them. Defendant was warned by animal control to muzzle them, but refused to do so. Defendant also bragged to co-workers about how he let his pit bulls go after other dogs and attack wild and old animals. Accordingly, the court found that defendant was aware of the dogs’ aggressive behavior and affirmed the holding of the lower court.
People v. Robards This case is an appeal from an animal cruelty conviction against defendant Ms. Regina Robards. She seeks appeal on the grounds that the State failed to prove her guilty beyond a reasonable doubt. Robards was charged with aggravated animal cruelty when her two dogs, Walker and Sparky, were discovered in her previous home emaciated, dehydrated, and dead. She had moved out of the home and into Ms. Joachim’s home in July 2014, telling Joachim that she was arranging for the dogs to be taken care of. However, when Joachim went over to the prior home in November 2014, she discovered Walker’s emaciated body on the living room floor. She called the police, who discovered Sparky’s body in a garbage bag in the bedroom. Robards’ conviction required that it was proven beyond a reasonable doubt that she intentionally committed an act that caused serious injury or death to her two dogs, and failing to seek adequate medical care for them. On appeal, Robards concedes that the dogs both died from dehydration and starvation, and that she was the only person responsible for the dogs’ care. However, she argues that for her conviction to stand, the prosecutor must prove that she intended to cause serious injury or death to the dogs. The court disagrees, stating that for conviction only the act need be intentional, and that the act caused the death or serious injury of an animal. Notably, the court observed that "defendant is very fortunate to have only received a sentence of 12 months' probation for these heinous crimes," and criticized the circuit court for its "unjustly and inexplicably lenient" sentence simply because defendant only caused harm to an animal and not a human being.
People v. Rogers
Defendant was convicted following jury trial in the Criminal Court of the City of


New York


of abandonment of animals.  On appeal, the Supreme Court, Appellate Term, held that the warrantless entry into pet shop was justified under emergency doctrine and sufficient evidence supported his convictions.

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