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PEOPLE v. O'CONNELL

4 Misc.3d 54 (2004)

781 N.Y.S.2d 400

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GAIL O'CONNELL, Appellant.

Supreme Court, Appellate Term, Second Department.

March 9, 2004.

Attorney(s) appearing for the Case

Stephanie Brand, St.

James, for appellant.

Yvonne Lieffrig, Town Attorney, Smithtown (Philip Goglas of counsel), for respondent.

McCABE, P.J., LIFSON and SKELOS, JJ., concur.

OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously affirmed.

Defendant was charged by simplified information with violating Town Code of the Town of Smithtown § 207-2 (B) (2), alleging that she allowed her dogs to bark for more than 15 minutes cumulatively in the space of an hour. She was convicted after a nonjury trial and fined $50.

Defendant's contentions on appeal that the ordinance is unconstitutionally vague as...

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