A police officer’s observations of a dog’s physical injury and unsanitary living conditions provide the crucial element to make facially sufficient an information for animal abuse based on medical neglect, a City Court judge determined.
Albany City Court Judge Rachel Kretser (See Profile) declined to dismiss the information against dog owner Daniel Torres as being invalid under the animal cruelty statute, Agriculture and Markets Law (AML) §353. She said in People v. Torres, 14-2290-46, that while the courts have generally come around over the past four decades to regard the withholding of needed medical care to animals as cruelty, the Legislature has yet to revise §353 to expressly reflect the change.
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