In People v. Voelker, 172 Misc 2d 564, 658 NYS2d 180 (Crim Ct NY Co 1997), the Court considered whether the issue of justification could provide a basis for dismissal of the identical charge. That matter involved an accusatory instrument, which, like the case at bar, accused the Defendant of killing animals (iguanas) without justification. The court found that whether an act of cruelty was justified or not is a question left to the trier of fact based on the moral standards of the community. Id.