Ernest Paragallo 33 count animal cruelty conviction upheld by appellate court

On March 31, 2011 the State of New York’s Supreme Court, Appellate Division, Third Judicial Department handed down a decision in the appeal of People v. Earnest Paragallo. The Memorandum and Order written by Justice John Egan, Jr. upheld Paragallo’s conviction on 33 counts of cruelty to animals.

Paragallo, a well-known local horse breeder was charged in 2009 with a 35 count indictment for violations of §353 of the Agriculture and Markets Law after State Police and Humane Society investigators discovered 35 emaciated horses on a farm managed by Paragallo.  Paragallo contended on appeal that the County Court erred in imposing sentence in that the sentence was based upon the presentence report, which Paragallo contended was inflammatory and improper.

Justice Egan and a unanimous panel held that the County Court did not have to await for a redacted presentence report before sentencing the defendant as the court considered the defendant’s objections and opted not to rely upon the challenged information.