The People v. Luis Jimenez

State of New York OPINION Court of Appeals This opinion is uncorrected and subject to revision before publication in the New York Reports. No. 88 The People &c., Respondent, v. Luis Jimenez, Appellant. Steven R. Berko, for appellant. Charles Pollak, for respondent. Animal Legal Defense Fund et al., amici curiae. RIVERA, J.: Defendant was indicted on several counts for striking and severely injuring a small dog with a broom stick. On appeal, he argues that the indictment should be dismissed because the prosecutor did not charge the grand jury on justification under -1- -2- No. 88 Penal Law §…