People v. Curcio

OPINION OF THE COURT

Michael Gerstein, J.

Defendant is charged with the offense of overdriving, torturing and injuring animals and failure to provide proper sustenance for animals (Agriculture and Markets Law § 353), a class A misdemeanor, for allegedly refusing to provide medical care for his dog, Sophie, for a prominent mass protruding from her rear end, which subsequently required surgery and six days of intensive care. We hold the statute constitutional as applied, the complaint facially sufficient and that the interests of justice do not warrant dismissal.

Defendant challenges both the…