People v. Koogan

Appellate Division of the Supreme Court of New York

People v. Koogan

256 A.D. 1078, 11 N.Y.S.2d 49, 1939 N.Y. App. Div. LEXIS 6202

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 3, 1939

StatusPublished

Cited by3 cases

This text of 256 A.D. 1078 (People v. Koogan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Koogan, 256 A.D. 1078, 11 N.Y.S.2d 49, 1939 N.Y. App. Div. LEXIS 6202 (N.Y. Ct. App. 1939).

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Opinion

Appeal from a judgment of the Court of Special Sessions of the City of New York, Borough of Brooklyn [County of Kings], convicting defendant of a violation of section 185 of the Penal Law (cruelty to animals), and sentencing him to pay a fine of $100, which he paid. Judgment unanimously affirmed. The proof established that the defendant had personal knowledge of the condition of the horse. It also established that the horse was suffering from open sores and was permitted to be hired out despite this condition, with consequent torture to the animal. Under these circumstances the defendant is guilty of a violation of section 185. (People v. Weeks, 172 App. Div. 117.) Apart from the element of personal knowledge, the testimony warranted a conviction. (Verona Central Cheese Co. v. Murtaugh, 50 N. Y. 314; People ex rel. Price v. Sheffield Farms Co., 225 id. 25.) Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ.

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Appeal from a judgment of the Court of Special Sessions of the City of New York, Borough of Brooklyn [County of Kings], convicting defendant of a violation of section 185 of the Penal Law (cruelty to animals), and sentencing him to pay a fine of $100, which he paid. Judgment unanimously affirmed. The proof established that the defendant had personal knowledge of the condition of the horse. It also established that the horse was suffering from open sores and was permitted to be hired out despite this condition, with consequent torture to the animal. Under these circumstances the defendant is guilty of a violation of section 185. (People v. Weeks, 172 App. Div. 117.) Apart from the element of personal knowledge, the testimony warranted a conviction. (Verona Central Cheese Co. v. Murtaugh, 50 N. Y. 314; People ex rel. Price v. Sheffield Farms Co., 225 id. 25.) Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ.

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Bluebook (online)

256 A.D. 1078, 11 N.Y.S.2d 49, 1939 N.Y. App. Div. LEXIS 6202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-koogan-nyappdiv-1939.

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