People v. Swan

Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, J.), rendered April 10, 2007. The judgment convicted defendant, upon his plea of guilty, of escape in the second degree.

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

Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of escape in the second degree (Penal Law § 205.10 [1]), defendant contends that his plea allocution was legally insufficient because he stated therein that he escaped from jail while gardening on the grounds outside the jail and thus did not escape…