Opinion
1420 KA 11-02608.
12-31-2015
The PEOPLE of the State of New York, Respondent, v. Shawn D. WEEZORAK, Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester, The Abbatoy Law Firm, PLLC (David M. Abbatoy, Jr., of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Geoffrey Kaeuper of Counsel), for Respondent.
Timothy P. Donaher, Public Defender, Rochester, The Abbatoy Law Firm, PLLC (David M. Abbatoy, Jr., of Counsel), for Defendant–Appellant.
Sandra Doorley, District Attorney, Rochester (Geoffrey Kaeuper of Counsel), for Respondent.
Opinion
MEMORANDUM:
Defendant appeals from a judgment convicting him upon a nonjury verdict of overdriving, torturing and injuring animals (Agriculture and Markets Law § 353). The charges arose from an incident in which defendant punched his dog and held its head underwater in a bathtub, after the dog excreted in defendant's home. Contrary to defendant's contention, viewing the evidence in light of the elements of the crime in this nonjury trial, we conclude that “an acquittal would have been unreasonable ..., and thus the verdict is not against the weight of the evidence” (People v. Kreutter, 121 A.D.3d 1534, 1535–1536, 994 N.Y.S.2d 752, lv. denied 25 N.Y.3d 990, 10 N.Y.S.3d 533, 32 N.E.3d 970). We conclude that defendant abandoned his further contention that Supreme Court erred in refusing to suppress the dog's exhumed remains because the warrantless search was illegal. Although defendant initially moved to suppress the evidence on that ground, he expressly limited the scope of the suppression hearing in his written closing statement following the hearing to the custodial interrogation issue, and he also failed to seek a ruling on that part of his omnibus motion in which he argued that the search and seizure was illegal (see People v. Britton, 113 A.D.3d 1101, 1102, 977 N.Y.S.2d 851, lv. denied 22 N.Y.3d 1154, 984 N.Y.S.2d 638, 7 N.E.3d 1126; see generally People v. Adams, 90 A.D.3d 1508, 1509, 936 N.Y.S.2d 406, lv. denied 18 N.Y.3d 954, 944 N.Y.S.2d 483, 967 N.E.2d 708).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, and CARNI, JJ., concur.