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Proof of the Dog’s Emaciated Condition Supported Defendant’s Conviction of the Violation of Agriculture and Markets Law 353

The Court of Appeals determined the proof of the emaciated condition of defendant’s dog supported the defendant’s conviction for a violation of Agriculture and Markets Law 353 which prohibits depriving an animal of necessary sustenance. On appeal the defendant argued the trial court erred in refusing to instruct the jury that a conviction required proof of a mens rea, i.e., that defendant knowingly deprived or neglected the dog. The Court of Appeals did not address the defendant’s argument, finding that the proof of the dog’s condition alone supported the conviction.  People v Basile, 2015 NY Slip Op 05623, CtApp 7-1-15

 

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