People v. Mercer

—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 Oneida County Jail, he kicked out the window of the vehicle, jumped out and ran away. Defendant *1020testified that, while he was being transported,…