Judgment unanimously reversed, on the law and facts, and indictment dismissed.
Memorandum:
The defendant as a result of a plea to escape in the third degree was sentenced in the Erie County Court on September 9, 1971 to a term of one year of imprisonment to be served concurrently with an 18-year term which he was then serving. While incarcerated at the Erie County Holding Center, the defendant escaped on July 19, 1970 and was recaptured on July 22, 1970. Nothing...
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