People v. Swan

Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, J.), rendered May 21, 2009. The judgment convicted defendant, upon a nonjury verdict, of escape in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant previously was convicted upon his plea of guilty of escape in the second degree (Penal Law § 205.10 [1]), based on allegations that he escaped from a detention facility while working as a member of a gardening crew. We affirmed the judgment of conviction (People v Swan, 50 AD3d 1566 [2008]) but, when the Court…