Right to Appeal
People v. Fricchione, ---N.Y.S.2d---, 2007 WL 2247170
(N.Y.A.D. 2 Dept.), 2007 N.Y. Slip Op. 06266
The Defendant appealed an order of the County Court, Orange County
convicting him of violation of Agriculture and Markets Law §351
(prohibition of animal fighting), §353-a(1) (aggravated cruelty to
animals), §353 (animal cruelty), tampering with physical
evidence. After a non-jury trial, and imposing sentence the
Defendant was directed to pay restitution to the Warwick Valley Humane
Society with a surcharge. The order was docketed as a civil
judgment. The appeal was dismissed since the right to appeal in a
criminal action is purely statutory and the order in this case was not
among those enumerated.
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