People v. Carroll

We find that the charge of burglary in the second degree which constituted the underlying felony charge for the defendant’s conviction of escape in the first degree was sufficient. The Penal Law clearly states that "A person is guilty of *705escape in the first degree when * * * [h]aving been charged with or convicted of a felony, he escapes from a detention facility” (Penal Law § 205.15 [1] [emphasis added]). There is no requirement that the defendant’s guilt of the underlying felony be proven beyond a reasonable doubt, "since that would contravene the language of [section] 205.15” (People v…