Fourth Department – Aggravated cruelty to animals: People v. Taylor

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

Aggravated cruelty to animals — Sufficiency of grand jury evidence

People v. Taylor

KA 25-00187

Appealed from Erie County Court

Background: The people appealed from an order that reduced the indictment from aggravated cruelty to animals to overdriving, torturing and injuring animals and to failure to provide proper sustenance based on the alleged legal insufficiency of the evidence before the grand jury.

Ruling: The Appellate Division reversed. The court held that the grand jury evidence was legally sufficient to support the two counts of aggravated cruelty to animals. The defendant placed three, eight-week-old kittens into a knotted pillowcase and left them outside on a balcony during a snowstorm. They were discovered under several feet of snow by the defendant’s roommate, who called emergency services. The defendant had told the roommate not to worry about them because they were going to “kitty heaven.” A treating veterinarian testified that two kittens died of hypothermia and possibly asphyxiation or hypoxia.

April J. Orlowski, of the district attorney’s office, for the appellant; Cindy T. Cooper for the defendant-respondent.

Oral argument video