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PEOPLE v. BASILE

No. 113

25 N.Y.3d 1111 (2015)

35 N.E.3d 849

14 N.Y.S.3d 779

2015 NY Slip Op 05623

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS BASILE, Appellant.

Court of Appeals of New York.

Decided July 1, 2015.

Attorney(s) appearing for the Case

Cahill Gordon & Reindel LLP, New York City ( Ben A. Schatz and Kerry Burns and Danielle Chattin of counsel), and Seymour W. James, Jr. , The Legal Aid Society, New York City ( Scott A. Rosenberg , Andrew C. Fine and David Crow of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Nicoletta J. Caferri and John M. Castellano of counsel), for respondent.

Alston & Bird LLP, New York City ( Daniella P. Main of counsel), for Civil Rights Research Center, amicus curiae.

Proskauer Rose LLP, New York City ( Mark D. Harris , Chantel L. Febus , Matthew V. Rotbart and Edward J. Canter of counsel), Green & Willstatter , White Plains ( Richard D. Willstatter of counsel), and White & White, New York City ( Brendan White of counsel), for National Association of Criminal Defense Lawyers and another, amici curiae.

Virginia F. Coleman , Cambridge, Massachusetts, for Animal Legal Defense Fund and another, amici curiae.

Chief Judge LIPPMAN and Judges READ, PIGOTT, RIVERA, ABDUS-SALAAM, STEIN and FAHEY concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Term should be affirmed.

Acting on an anonymous tip of potential mistreatment of a dog, a special agent for the American Society for the Prevention of Cruelty to Animals (ASPCA) responded to a residential address in Queens County. As the ASPCA agent later testified at trial, he discovered a long-haired, mixed-breed German shepard, confined to a garbage-strewn backyard by a four-foot

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