Judgment affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon a jury verdict of escape in the first and second degrees. On appeal, defendant contends that: (1) the proof was insufficient to convict him of escape in the first degree; (2) the court should have given a circumstantial evidence charge with respect to that count; (3) the People changed the theory of the prosecution after the Grand Jury indicted him; (4) the court erroneously...
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