In People v. O'Rourke (83 Misc. 2d 175 [Crim Ct, NY County 1975])the owner of a horse used to pull a hansom cab was accused of violating section 353 because he allowed the horse to continue to work even though it was limping. The court, noting that "sustenance" was defined by the Webster's Third New International Dictionary (1966) as "the supplying or being supplied with the necessaries of life," held that forcing a horse that is limping to continue to work "without supplying necessary medical attention" constituted neglect under the statute (at 178-179). The court in O'Rourke was faced with very compelling facts: on three different occasions, ASPCA inspectors had warned the owner of a horse used for commercial labor that the horse was limping, and had issued two summonses to him instructing him to suspend the horse from labor because of its physical condition. The owner continued to use the horse to pull a cab. Under those circumstances the court held that an animal used for labor must be provided with necessary medical attention if the animal is to continue working, especially after its lame condition has been brought to the attention of the owner.