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  5. 86 N.Y.2d 631 (1995)
 

PEOPLE v. MALDONADO

86 N.Y.2d 631 (1995)

658 N.E.2d 1028

635 N.Y.S.2d 155

The People of the State of New York, Respondent, v. William Maldonado, Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1995.

Attorney(s) appearing for the Case

Diane Pazar, New York City, Philip L. Weinstein and Daniel L. Greenberg for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Morrie I. Kleinbart and Mark Dwyer of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

SIMONS, J.

The Penal Law provides that a person is guilty of escape in the first degree when "[h]aving been arrested for * * * a class A or class B felony, he escapes from custody" (Penal Law § 205.15 [2]). Lower degrees of escape are predicated on an arrest for lesser charges. In this case, defendant has been charged with escape in the first degree following his arrest for selling narcotics, a B felony...

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