Appellate Court Reinstates Felony Charges in Animal Cruelty Case

Erie County District Attorney Michael J. Keane announces that the Appellate Division of the State Supreme Court, Fourth Department, reversed a decision by an Erie County Court Judge and reinstated felony animal cruelty charges against the accused.

In June 2024, Joshua Taylor, also known as Moriah Taylor, age 39, was indictedon two counts of Aggravated Cruelty to Animals (Class E felonies under New York State Agriculture and Markets Law) and one count of Overdriving, Torturing and Injuring Animals; Failure to Provide Proper Sustenance (Class A misdemeanor under New York State Agriculture and Markets Law). Erie County Court Judge James Bargnesi, who is presiding over the case, issued an order that reduced the two felony counts in January 2025. Our office subsequently filed an appeal with the Fourth Department Appellate Division.

In their unanimous decision, issued on February 11, 2026, the justices concluded that "the evidence before the grand jury was legally sufficient to establish that defendant, with no justifiable purpose, intentionally killed the kittens and that defendant did so with aggravated cruelty inasmuch as defendant killed the kittens in a manner that inflicted extreme pain on the dying animals."

The Appellate Court decision reversed the court order, reinstated the felony charges and remitted the matter to Erie County Court for further proceedings on the indictment. The defendant remains released on their own recognizance as the charges are non-qualifying offenses for bail. A return court date has not been scheduled at this time.

The appeal was successfully argued by Assistant District Attorney April J. Orlowski of the Appeals Bureau. The criminal case is being prosecuted by Assistant District Attorney Megan E. Mahoney of the Animal Cruelty Unit.

As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.