Fourth Department – Animal cruelty: People v. Minutolo

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Animal cruelty

Authentication of video – Sufficiency of evidence

People v. Minutolo

KA 21-01424

Appealed from Wayne County Court

Background: The defendant appealed from his conviction of overdriving, torturing and injuring animals. The conviction arose from an incident in which the defendant repeatedly struck one of his dogs because he was frustrated that the animal failed to come when called. The defendant’s conduct was captured on the surveillance video of a nearby gas station.

Ruling: The Appellate Division affirmed. The court held that the video surveillance evidence was properly authenticated via two witnesses who observed the incident and testified at trial that the video was a true and accurate representation of what they witnessed. Further, the evidence was legally sufficient to establish that the defendant cruelly beat the dog, as the video and witness testimony showed the defendant punching the dog three to five times with a closed fist while the animal whimpered and cried.

Bridget L. Field, of the public defender’s office, for the defendant-appellant.

Oral argument video