People v Santiago

People v Santiago 2012 NY Slip Op 08417 Decided on December 6, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 6, 2012
Gonzalez, P.J., Sweeny, Richter, Román, Clark, JJ.
8731

[*1]The People of the State of New York, SCI 65774C/07 Respondent,

v

Jose Santiago, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Harold V.
Ferguson, Jr. of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Jason S.
Whitehead of counsel), for respondent.

Judgment, Supreme Court, Bronx County (George Villegas, J.), rendered August 17, 2009, convicting defendant, after a jury trial, of overdriving, torturing, and injuring animals (Agriculture and Markets Law § 353), and sentencing him to a conditional discharge, a $1000 fine, and 30 days of community service, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's rejection of defendant's explanation of his reason for forcefully throwing his dog to the floor, causing injury.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 6, 2012

CLERK