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PEOPLE v. JIMENEZ

No. 88.

39 N.Y.3d 74 (2022)

200 N.E.3d 1015

180 N.Y.S.3d 48

2022 NY Slip Op 06541

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS JIMENEZ, Appellant.

Court of Appeals of New York.

Decided November 17, 2022.

Attorney(s) appearing for the Case

Twyla Carter , The Legal Aid Society, New York City ( Steven R. Berko of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens ( Charles T. Pollak and John M. Castellano of counsel), for respondent.

Latham & Watkins, LLP, New York City ( Tené Johnson of counsel), and Association of Prosecuting Attorneys, Washington, D.C. ( Marlene Biener of counsel), for Animal Legal Defense Fund and another, amici curiae.

OPINION OF THE COURT

Defendant was indicted on several counts for striking and severely injuring a small dog with a broom stick. On appeal, he argues that the indictment should be dismissed because the prosecutor did not charge the grand jury on justification under Penal Law § 35.05(2), the "choice of evils" defense. We...

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