PEOPLE v. SIMMONS


106 Misc.2d 446 (1980)

The People of the State of New York, Respondent, v. Charles A. Simmons, Appellant.

Supreme Court, Appellate Term, Second Department.

June 26, 1980


Attorney(s) appearing for the Case

Charles A. Simmons, appellant pro se. John H. Galloway, III, Special Village Prosecutor, for respondent.

Concur: FARLEY, P. J., PITTONI and GELLER, JJ.


MEMORANDUM.

Judgment of conviction unanimously reversed, on the law and facts, fine remitted and information dismissed.

Defendant's Siberian husky broke loose from its mooring when a stray dog entered the rear yard of defendant's premises where the husky had been secured. A summons issued to defendant charged him with violating section 6-4-3 of the Scarsdale Village Code, which provides: "No person who owns, harbors or has the custody and control of any dog...

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