A comfort dog may accompany a testifying crime victim when a judge has determined that the animal will provide needed emotional support, a Brooklyn appellate panel has ruled in a matter of first impression in New York.

An unanimous panel of the Appellate Division, Second Department, on Wednesday refused to vacate Victor Tohom's conviction for predatory sexual assault against a child and endangering the welfare of a child, ruling that his right to a fair trial had not been damaged by the presence of a professionally trained therapy dog named Rose.