PEOPLE v. NEELY


168 Misc.2d 889 (1996)

645 N.Y.S.2d 283

The People of the State of New York, Plaintiff, v. Timothy Neely, Defendant.

County Court, Monroe County.

June 20, 1996


Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender of Monroe County (Paul D. Macaulay of counsel), for defendant. Howard R. Relin, District Attorney of Monroe County (Kevin Morabito of counsel), for plaintiff.


PATRICIA D. MARKS, J.

This is a decision on a unique issue of law on the question of whether or not a defendant is deemed to be "in custody" for the purpose of escape charges when he is in the courtroom, sentence is pronounced by the court, and a commitment order is signed by the court.

The facts at trial are as follows and stated in the sequence in which they occurred: On November 27, 1995 the defendant appeared in Monroe County Supreme Court...

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