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PEOPLE v. TOHOM

2011-07111, (Ind. No. 149/10).

109 A.D.3d 253 (2013)

969 N.Y.S.2d 123

2013 NY Slip Op 5234

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR TOHOM, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 10, 2013.

Attorney(s) appearing for the Case

Thomas N.N. Angell , Poughkeepsie ( Steven Levine of counsel), for appellant.

William V. Grady , District Attorney, Poughkeepsie ( Kirsten A. Rappleyea of counsel), for respondent.

MASTRO, J.P., DICKERSON and HINDS-RADIX, JJ., concur.

OPINION OF THE COURT

SGROI, J.

"[Dogs] are such agreeable friends — they ask no questions, they pass no criticisms" (George Eliot, Scenes of Clerical Life [1857]), but do they belong in the courtroom? On this appeal, we examine the question of whether the courts of this state should permit the presence of a therapeutic "comfort dog" in a trial setting when the court determines that the animal may provide emotional support for a testifying crime victim...

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