Mugglin, J.
Defendant was charged in a single-count indictment with the misdemeanor of cruelty to animals in violation of Agriculture and Markets Law § 353 arising from his having left his dog in the basement of his former home when he moved on January 3, 1999. On January 17, 1999, neighbors who heard the dog barking called the police who obtained and executed a search warrant. They observed a completely dark, cold cellar which was partially flooded due to a...
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