The driver of a horse-drawn carriage in New York, N.Y., is facing a single animal cruelty count for allegedly working an injured animal.

A New York City Police Department public information officer said that on Dec. 18 a passerby noticed that a horse pulling a carriage appeared injured. The horse was later found to have an injury to a hind leg, the officer said.

“(The driver) said he knew the horse was injured but was using the horse anyway,” the police representative said.

The carriage driver, Saverio Colarusso, was subsequently arrested and charged with one count of misdemeanor animal cruelty