PEOPLE v. FERNANDEZ (2021)

Judgment of conviction (Angela J. Badamo, J.), rendered May 2, 2018, affirmed.

Since defendant waived prosecution by information, the facial sufficiency of the accusatory instrument must be assessed under the standard required of a misdemeanor complaint (see People v Dumay, 23 NY3d 518, 522 [2014]). So viewed, the accusatory instrument was jurisdictionally valid because it described facts of an evidentiary nature establishing reasonable cause to believe that defendant was guilty of violating Agriculture and Markets Law § 353, which punishes one who “overdrives, overloads, tortures ․ or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink ․” The arresting officer alleged that the animal, a male pitbull, was on a very short leash inside defendant's apartment, surrounded by and covered in its own urine, had abrasions on its tail, walked with a limp and was emaciated; and a forensic veterinarian determined the dog was “underweight, had diminished muscle mass” and hair coat that was “dirty” and had a “foul odor.” These allegations were sufficient for pleading purposes to establish that defendant failed to provide the dog with proper food and sustenance (see People v Torres, 69 Misc 3d 128[A], 2020 NY Slip Op 51130[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020], lv denied 36 NY3d 977 [2020]; see also People v Basile, 25 NY3d 1111 [2015]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.