ALBANY – An upstate town justice who observed that dogs are stupid and that a pregnant owner who took her pit bull for a walk showed poor judgment has been chastised by an appellate court, which overturned the justice’s finding that the pit bull had showed itself to be dangerous by defending itself against a German Shepherd that picked a fight.

A unanimous panel of the Appellate Division, Third Department, took exception to Oneonta Town Justice Philip Hosley’s comments that "dogs are by nature stupid and aggressive," that pit bulls have a propensity for violence and that the dog’s owner, Diane Shanks, showed a "lack of judgment" by walking him while pregnant.

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