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PEOPLE v. CARROLL

158 A.D.2d 704 (1990)

The People of the State of New York, Respondent, v. Robert Carroll, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 26, 1990

Ordered that the judgment is affirmed.

We find that the charge of burglary in the second degree which constituted the underlying felony charge for the defendant's conviction of escape in the first degree was sufficient. The Penal Law clearly states that "A person is guilty of escape in the first degree when * * * [h]aving been charged with or convicted of a felony, he escapes from a detention facility" (Penal Law...

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