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PEOPLE v. ANTWINE

8 N.Y.3d 671 (2007)

870 N.E.2d 1141

839 N.Y.S.2d 711

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH ANTWINE, Appellant.

Court of Appeals of the State of New York.

Decided June 28, 2007.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Jonathan Marvinny, Richard M. Greenberg and Sara Gurwitch of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Frances Y. Wang and Joseph N. Ferdenzi of counsel), for respondent.

Chief Judge KAYE and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

The issue in this appeal is whether defendant was properly convicted of escape in the second degree under Penal Law § 205.10 (2). We agree with the Appellate Division that he was.

On April 22, 2003, defendant was arrested after stealing an automobile with two children in the back seat and colliding with another vehicle while he was trying to flee. Defendant was taken to the precinct for processing. While there...

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