People v. Tatta
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
O’Brien, J.
The defendant escaped from custody while incarcerated in Massachusetts pursuant to a 1972 felony conviction and was not returned to prison to complete his sentence for nearly four years. The issue presented on this appeal is whether the amount of time that the defendant spent as an escapee from custody may be used to toll the 10-year limitation period in Penal Law § 70.06 (1) (b) (iv) for the purpose of determining his status as a second felony offender. We conclude that an escape from custody does not toll the statutory limitation period and consequently find…
2Cases cited15 opinions
- Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
- People v. WalkerNew York Court of Appeals · 1993
- People v. GrahamNew York Court of Appeals · 1982
- People v. TychanskiNew York Court of Appeals · 1991
- People v. BellNew York Court of Appeals · 1989
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3Cited by14 opinions
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 2000
- Murray v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
- People v. McEachernAppellate Division of the Supreme Court of the State of New York · 2000
- Larweth v. ConwayDistrict Court, W.D. New York · 2007
- People v. EsquiledAppellate Division of the Supreme Court of the State of New York · 2014
9 more not listed; retrieve them via the Exa API.