Conviction Reinstated For Rockville Centre Man Accused Of Fatally Kicking 'Mocha' The Yorkie: Court Docs

ALBANY, NY — A state court of appeals reinstated a conviction this month for a Rockville Centre man charged with fatally kicking a four-pound Yorkshire Terrier in 2020, court records show.

Rockville Centre resident Peter Galantino was convicted of a felony count of aggravated cruelty to animals, a misdemeanor count of overdriving, torturing and injuring animals, and one count of fourth-degree criminal mischief on January 11, 2024, prosecutors said.

Galantino's defense attorney did not respond to requests for comment Monday.

According to court filings, the charges stem from a March 14, 2020 incident that took place while Galantino was walking his dog through Rockville Centre.

Prosecutors said Galantino's dog defecated in the street during this walk, and that Galantino was confronted by a married couple after he failed to pick up his dog’s refuse.

The married couple were walking two dogs at the time, a German Shepherd and a Yorkshire Terrier, prosecutors said. The couple demanded that Galantino pick up the dog droppings and an argument ensued, prosecutors said.

During the argument, prosecutors said Galantino kicked Mocha, the Yorkshire Terrier the couple was walking.

“According to Galantino’s trial testimony, he needed to defend himself from the dog and he kicked it approximately six to seven feet," prosecutors said. "The dog was left limp and unresponsive and taken to a nearby animal hospital. Mocha suffered a fractured liver, three rib fractures, and a skull fracture in two places. Approximately two-thirds of the dog’s blood pooled in her abdomen due to internal bleeding. Mocha suffered five heart attacks and was euthanized after a recommendation from the veterinarian.”

After being convicted in January of 2024, Galantino sought to have his aggravated cruelty to animals conviction overturned, court documents show.

On May 28, 2024, Galantino’s motion to have his aggravated animal cruelty conviction set aside was granted, at which point the prosecution appealed to have it reinstated.

Last Wednesday, New York State Supreme Court’s appellate division reversed the decision to set aside the conviction, referring the case back to the Nassau County Supreme Court for further proceedings.

When reached for comment Monday, District Attorney Anne Donnelly said she was grateful that the court had reinstated the conviction, and that her office "awaits" those further proceedings.

“I am grateful for the appellate court’s decision in this case, rightfully reinstating the felony conviction of this defendant for cruelly and callously causing the death of little Mocha six years ago," Donnelly said. "My office awaits the scheduling of a sentencing date at which time we intend to seek incarceration.”