| People v Siplin |
| 2009 NY Slip Op 06980 [66 AD3d 1416] |
| October 2, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Ebony Siplin,Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Nancy A. Gilligan of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Alex R. Renzi, J.), rendered June 28,2006. The judgment convicted defendant, upon a jury verdict, of aggravated cruelty to animals.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her, upon a jury verdict, ofaggravated cruelty to animals (Agriculture and Markets Law § 353-a [1]). The convictionarises out of defendant's treatment of a three-month-old pit bull. Contrary to defendant'scontention, County Court properly allowed an investigator from the Humane Society to testifywith respect to defendant's improper care of another dog several months prior to the incident inquestion inasmuch as evidence of the prior incident was relevant to establish intent and theabsence of mistake or accident (seePeople v Brown, 57 AD3d 1461, 1463 [2008], lv denied 12 NY3d 814[2009]; see generally People v Allweiss, 48 NY2d 40, 46-47 [1979]; People vMolineux, 168 NY 264, 293-294 [1901]). Present—Scudder, P.J., Hurlbutt, Martoche,Smith and Centra, JJ.