NYSBA Program To Focus on Court of Appeals Ruling in Animal Abuse Cases
10.31.2025
A decision by the New York State Court of Appeals in an Ulster County animal abuse case and other developments at the appellate level are the focus of an upcoming New York State Bar Association CLE.
The Nov. 12 program, Charging Cruelty: Prosecuting Crimes of Animal Abuse and Neglect, features Jed Painter, general counsel to the Suffolk County District Attorney’s Office. Painter leads the office’s Biological, Environmental, and Animal Safety Team. The team oversees the investigation and prosecution of all animal and environmental crimes in Suffolk County. Animal abuse cases range from acts of torture and neglect to prosecuting organized dog fighting rings.
Painter will detail state of animal cruelty law in each of the appellate departments, as well as the Court of Appeals’ recent decision in People v. Farrell. He will examine how the decisions will impact criminal practice in New York.
In the Farrell case, an investigator with the Ulster County Society for the Prevention of Cruelty to Animals found a dog named Mogley in distress on a Kingston city street. The dog could not stand or walk more than a few paces and was later euthanized due to its grave condition. The investigator accused the dog’s owner, Christopher Farrell, with failure to provide sustenance to the dog based on its pain, flea infestation and lack of veterinary care.
The Kingston City court dismissed the case on the grounds that the accusatory instrument was insufficient. The charge was reinstated by the Ulster County court on appeal. In April, the New York Court of Appeals reviewed the case and found the accusatory instrument was insufficient, affirming the initial city court ruling.
In her majority opinion, Judge Jenny Rivera wrote “the instrument fails to allege how the investigator became aware of these conditions and there is no corresponding veterinary diagnosis attached to the instrument or assertion that a veterinarian examined Mogley. Moreover, the instrument does not indicate whether these afflictions were visible to the naked eye, and therefore we cannot infer from these allegations that the investigator personally observed them. These hearsay allegations are thus insufficient to support the charge.”
The virtual program is free for members and is sponsored by the New York State Bar Association’s Committee on Animals in the Law. Attorneys who attend will earn one MCLE credit.
