Summary
In People v. Koogan (256 App. Div. 1078) the court, in affirming a conviction, emphasized the personal knowledge of defendant of the infirmities of an animal, following which it was hired out. (See, also, People v. Rodriguez, 286 App. Div. 111 1.)
Summary of this case from People v. MillerOpinion
April 3, 1939.
Appeal from Court of Special Sessions of the City of New York.
Present — Lazansky, P.J., Hagarty, Carswell, Johnston and Close, JJ.
The proof established that the defendant had personal knowledge of the condition of the horse. It also established that the horse was suffering from open sores and was permitted to be hired out despite this condition, with consequent torture to the animal. Under these circumstances the defendant is guilty of a violation of section 185. ( People v. Weeks, 172 App. Div. 117.) Apart from the element of personal knowledge, the testimony warranted a conviction. ( Verona Central Cheese Co. v. Murtaugh, 50 N.Y. 314; People ex rel. Price v. Sheffield Farms Co., 225 id. 25.)