People v. Carr

OPINION OF THE COURT

Philip M. Marshall, J.

The defendant, William Carr, is charged under section 353 of *95the Agriculture and Markets Law of cruelly beating his dog.1 Acting contrary to section 353 is a misdemeanor, punishable by imprisonment for not more than one year. The information and two supporting depositions allege that the defendant was observed kicking his dog two or three times and throwing the dog to the ground.

The defendant has moved for dismissal and argues, inter alia, that section 353 is unconstitutionally vague in that it does not give fair notice that certain conduct is…