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Prosecution’s appeal off the table in animal cruelty case

The Farmington woman who had an animal cruelty charge against her thrown out during her February trial will not be retried.

The timing of Farmington Judge Morris Lew’s decision to dismiss the charge against Terra Payne — accused of mistreating a retired racehorse — prevents the Ontario County District Attorney’s Office from appealing the judgement.

Ontario County Assistant District Attorney Heather Hines had been exploring the possibility of appealing Lew’s decision, but has established that prosecuting Payne a second time would subject the Farmington farm owner to double jeopardy.

Payne, one of the the owners of the Route 41 farm, faced a potential jail sentence for the allegations that she failed to provide proper sustenance to Dancing Timber, a retired racehorse that was eventually euthanized.

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