Office of the District Attorney

P. David Soares
6 Lodge Street
Albany, New York 12207
(518) 487-5460
(518) 487-5093 FAX

Court Affirms Jury Verdict in Animal Cruelty Case

ALBANY , NY – Albany County District Attorney P. David Soares announced today that the conviction of SUSAN PETERS, 43, of Coeymans, NY, after a jury trial in Coeyman’s Town Court was upheld by the Honorable Stephen W. Herrick.

SUSAN PETERS was found guilty after trial in Coeyman’s Town Court of (18) misdemeanor counts of Animal Neglect on March 15, 2006, and was sentenced to a split sentence of 60 days in jail and three years probation. PETERS subsequently entered a plea of guilty to (1) count of Criminal Contempt in the 2 nd Degree for having kittens in her home after being expressly forbidden any contact with animals while her criminal case was pending and while she was out on bail. On May 18, 2006, PETERS was sentenced to a definite term of one year in jail to run consecutively with the prior sentence.

On February 5, 2007, the Court granted PETERS an extension of time to perfect her appeal and PETERS was released from jail on bail pending resolution of the appeal. PETERS alleged that her conviction should be reversed arguing that her defense was unduly restricted from questioning a witness for the prosecution concerning bias against PETERS. The appeal also alleged that the consecutive sentence was harsh and excessive.

Today, Albany County Court Judge, the Honorable Stephen W. Herrick, affirmed the guilty verdict of the jury and the sentence imposed. The Court found nothing to support PETERS’ claim that the cross examination of the witness was unduly restrictive and the sentence was within the sound discretion of the trial court.

“I am very pleased with the decision upheld by the Court this morning,” commented DA Soares. “This woman intentionally neglected hundreds of animals in her care and I hope the 18 guilty verdicts and significant sentence sends a message that this type of behavior will not be tolerated and will be aggressively prosecuted in Albany County.”

PETERS will continue serving her sentence of 14 months in an Albany County correctional facility and three years probation on June 1, 2007.

ADA Christopher Horn of the Appeals Unit handled the appeal for the District Attorney.

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