People v. Panetta

• Decision Date: 06 February 2020
• Docket Number: 2015-2601 OR CR
• Parties: The PEOPLE of the State of New York, Respondent, v. Sylvia PANETTA, Appellant.
• Court: New York Supreme Court — Appellate Term

66 Misc.3d 145 (A)
121 N.Y.S.3d 516 (Table)

The PEOPLE of the State of New York, Respondent,
v.
Sylvia PANETTA, Appellant.

2015-2601 OR CR

Supreme Court, Appellate Term, New York.

Decided February 6, 2020

Sylvia Panetta, pro se, and Richard L. Herzfeld, for appellant.

Orange County District Attorney (Andrew R. Kass of counsel), for respondent.

PRESENT: TERRY JANE RUDERMAN, J.P., THOMAS A. ADAMS, BRUCE E. TOLBERT, JJ.

Appeal from a judgment of the City Court of Middletown, Orange County ( Steven W. Brockett, J.), rendered September 3, 2015. The judgment convicted defendant, upon a jury verdict, of animal cruelty (eight counts), inadequate shelter (54 counts) and cruelty to animals for failing to seek veterinary care (four counts), and imposed sentence. The appeal brings up for review the denial, after a hearing, of the branches of defendant's omnibus motion seeking to suppress physical evidence and defendant's statements. By decision and order dated December 13, 2018, this court remitted the matter to the City Court to report on an undecided question as to the applicability of attenuation principles to the suppression of evidence, and the appeal was held in abeyance in the interim (see People v. Panetta, 62 Misc 3d 29 [App Term, 2d Dept, 9th & 10th Jud Dists 2018] ). The City Court has filed its report.

ORDERED that the judgment of conviction is reversed, on the law, the order denying the branches of defendant's omnibus motion seeking to suppress physical evidence and defendant's statements is vacated, those branches of defendant's motion are granted, the accusatory instrument is dismissed, the portion of the sentence ordering restitution is vacated, and the fines, if paid, are remitted.

Defendant appeals from a judgment convicting her, upon a jury verdict, of eight counts of animal cruelty ( Agriculture and Markets Law § 353 ), 54 counts of inadequate shelter ( Agriculture and Markets Law § 353-b ), and four counts of cruelty to animals for failing to seek veterinary care (Code of the Town of Wallkill § 70-18). The appeal from the judgment brings up for review the denial, after a hearing, of the branches of defendant's omnibus motion seeking to suppress physical evidence and defendant's statements. In this...