Opinion
2021-50906
09-28-2021
The People of the State of New York, Respondent, v. Edna Fernandez, Defendant-Appellant.
Unpublished Opinion
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Angela J. Badamo, J.), rendered May 2, 2018, convicting her, upon her plea of guilty, of disorderly conduct, and imposing sentence.
PRESENT: Edmead, P.J., Brigantti, Hagler JJ.
PER CURIAM.
Judgment of conviction (Angela J. Badamo, J.), rendered May 2, 2018, affirmed.
Since defendant waived prosecution by information, the facial sufficiency of the accusatory instrument must be assessed under the standard required of a misdemeanor complaint (see People v Dumay, 23 N.Y.3d 518, 522 [2014]). So viewed, the accusatory instrument was jurisdictionally valid because it described facts of an evidentiary nature establishing reasonable cause to believe that defendant was guilty of violating Agriculture and Markets Law § 353, which punishes one who "overdrives, overloads, tortures... or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink..." The arresting officer alleged that the animal, a male pitbull, was on a very short leash inside defendant's apartment, surrounded by and covered in its own urine, had abrasions on its tail, walked with a limp and was emaciated; and a forensic veterinarian determined the dog was "underweight, had diminished muscle mass" and hair coat that was "dirty" and had a "foul odor." These allegations were sufficient for pleading purposes to establish that defendant failed to provide the dog with proper food and sustenance (see People v Torres, 69 Misc.3d 128 [A], 2020 NY Slip Op 51130[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020], lv denied 36 N.Y.3d 977 [2020]; see also People v Basile, 25 N.Y.3d 1111 [2015]).