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PEOPLE v. CHERRY

2014-2366 KCR.

57 Misc.3d 30 (2017)

2017 NY Slip Op 27284

61 N.Y.S.3d 806

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKIE CHERRY, Appellant.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided August 25, 2017.

Attorney(s) appearing for the Case

Appellate Advocates ( John B. Latella of counsel) for appellant.

Eric Gonzalez , Acting District Attorney ( Ruth E. Ross of counsel), for respondent.

ALIOTTA and ELLIOT, JJ., concur; WESTON, J.P., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is affirmed.

Defendant was charged with violating Agriculture and Markets Law § 353. The pertinent part of the accusatory instrument states as follows:

"THE DEPONENT STATES THAT, AT THE ABOVE TIME AND PLACE, DEPONENT OBSERVED TWO PITBULLS IN THE BACKYARD OF DEFENDANT'S RESIDENCE, THAT DEPONENT OBSERVED SAID DOGS...

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