Judgment unanimously reversed on the law and new trial granted.
Memorandum:
County Court erred in denying defendant's request to charge the defense of justification to the charges of escape in the second degree (Penal Law § 205.10 [2]) and criminal mischief in the fourth degree (Penal Law § 145.00 [1]). The People presented evidence that, after defendant was arrested on a parole revocation warrant and was being transported by parole officers to the...
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