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PEOPLE v. HARDY

13 N.Y.3d 805 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. J.W. HARDY, JR., Appellant.

Court of Appeals of New York.

Decided October 15, 2009.

Attorney(s) appearing for the Case

James S. Hinman, Rochester, for appellant.

Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. At issue is whether defendant was properly convicted of escape in the second degree (see Penal Law § 205.10 [2]). We hold that he was.

On December 6, 2004, defendant pleaded guilty to a class D felony (criminal possession of a controlled substance in the fifth degree) in the Orleans County Court. The matter was adjourned to February 14, 2005 for sentencing...

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