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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46761 Judge Torres BASED ON observations that defendant’s dog had a large tumor hanging from its stomach, a special investigator from the American Society for the Prevention of Cruelty to Animals (ASPCA) took the dog, which was diagnosed with terminal cancer. At the ASPCA office defendant acknowledged ownership of the dog and said that he could not afford to treat it. He was arrested for violating Agriculture and Markets Law �353, which prohibits cruelty to animals. Defendant sought dismissal on the ground that �353 is unconstitutionally vague. In a case of first impression, the court held that �353 is unconstitutional when applied to defendants who fail to provide medical care for terminally ill pets. The court found that “necessary sustenance” does not include medical care and that “unjustifiable” when applied to an owner’s obligation to alleviate an animal’s pain was too vague to warn pet owners that not providing medical care for their pets is a crime.

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