A defense attorney for the Brooklyn man accused of kicking a cat high into the air tried to get the case dismissed Monday by claiming prosecutors never said the cat had been hurt.
Andre Robinson, 21, was supposed to start trial Monday on misdemeanor animal-cruelty charges for booting the cat a helpless cat high into the air in Bedford-Stuyvesant in May – an act that went viral when video of the kick was posted on YouTube.
But his new defense attorney Risa Procton delayed trial by claiming the case should be thrown out, according to prosecutors.
“Defense attorney filed a … facial insufficiency motion,” a Brooklyn District Attorney spokeswoman said.
Robinson’s criminal complaint cites an ASPCA veterinarian who watched the video of Robinson kicking the cat saying that the kick would have injured the cat – but never actually states that the cat was hurt, court papers state.
Prosecutors will respond in court papers in December and the judge will rule on the defense attorneys claims in January, prosecutors said.
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