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Animal Law Keyed to Wagman
People v. Voelker
Citation:
172 Misc.2d 564, 658 N.Y.S.2d 180 (1997)Facts
On April 17, 1996, James Voelker allegedly threatened the complainant by stating he would “get” him and then proceeded to release his dog from its leash, commanding it to “get him.” The dog then allegedly chased the complainant, causing him to fear for his physical safety. The defendant was subsequently charged with menacing in the second degree under New York Penal Law § 120.14(1), which prohibits intentionally placing another person in reasonable fear of physical injury by displaying a dangerous instrument. Voelker filed a motion to dismiss, arguing that a dog could not be considered a “dangerous instrument” as defined by statute, and therefore the information was facially insufficient.
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