Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed and matter remitted to Monroe County Court for sentencing in accordance with the following Memorandum: Defendant appeals from a judgment convicting him after a nonjury trial of escape in the second degree. Defendant based his trial motions for dismissal on a ground different from those raised on appeal. Thus, defendant failed to preserve for our review his present contentions...
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