| People v Weezorak |
| 2015 NY Slip Op 09774 [134 AD3d 1590] |
| December 31, 2015 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vShawn D. Weezorak, Appellant. |
Timothy P. Donaher, Public Defender, Rochester, the Abbatoy Law Firm, PLLC(David M. Abbatoy, Jr., of counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Geoffrey Kaeuper of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Monroe County (Daniel J. Doyle, J.),rendered October 21, 2011. The judgment convicted defendant, after a nonjury trial, ofoverdriving, torturing and injuring animals in violation of Agriculture and Markets Law§ 353.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a nonjuryverdict of overdriving, torturing and injuring animals (Agriculture and Markets Law§ 353). The charges arose from an incident in which defendant punched hisdog and held its head underwater in a bathtub, after the dog excreted in defendant'shome. Contrary to defendant's contention, viewing the evidence in light of the elementsof the crime in this nonjury trial, we conclude that "an acquittal would have beenunreasonable . . . , and thus the verdict is not against the weight of theevidence" (People vKreutter, 121 AD3d 1534, 1535-1536 [2014], lv denied 25 NY3d 990[2015]). We conclude that defendant abandoned his further contention that SupremeCourt erred in refusing to suppress the dog's exhumed remains because the warrantlesssearch was illegal. Although defendant initially moved to suppress the evidence on thatground, he expressly limited the scope of the suppression hearing in his written closingstatement following the hearing to the custodial interrogation issue, and he also failed toseek a ruling on that part of his omnibus motion in which he argued that the search andseizure was illegal (see People vBritton, 113 AD3d 1101, 1102 [2014], lv denied 22 NY3d 1154 [2014];see generally People vAdams, 90 AD3d 1508, 1509 [2011], lv denied 18 NY3d 954 [2012]).Present—Scudder, P.J., Smith, Centra, Peradotto and Carni, JJ.