The People failed to prove an element of the crime of escape in the first degree (Penal Law § 205.15)—that defendant had been arrested for, charged with or convicted of a class A or class B felony—and the trial court's charge to the jury was not a proper substitute for this proof. "It is well settled that all the elements of an indicted crime which are not conceded by defendant or defendant's counsel must be charged" (People v Flynn,
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PEOPLE v. RIOS
3801, 3092/04.
81 A.D.3d 489 (2011)
917 N.Y.S.2d 152
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELI RIOS, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided February 10, 2011.
Decided February 10, 2011.
Appellate Division of the Supreme Court of New York, First Department.
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