People v. Marks

Rosalsky, J.:

The indictment charges the defendant with the crime of an attempt to commit the crime of rescuing by force a prisoner from a person having him in lawful custody upon a charge and arrest for. felony.

Section 1692 of the Penal Law provides as follows: u A person who, by force or fraud, rescues a prisoner from lawful custody, or from an officer or other person having him in lawful *110custody, is guilty of a felony, if the prisoner was held upon eb charge, commitment, arrest, conviction, or sentence of felony; and if the prisoner was held upon a charge, arrest, commitment^ conviction or…