People v. Neely

OPINION OF THE COURT

Patricia D. Marks, J.

This is a decision on a unique issue of law on the question of whether or not a defendant is deemed to be "in custody” for the purpose of escape charges when he is in the courtroom, sentence is pronounced by the court, and a commitment order is signed by the court.

The facts at trial are as follows and stated in the sequence in which they occurred: On November 27, 1995 the defendant appeared in Monroe County Supreme Court for sentencing on *890charges of attempted arson in the third degree. During sentencing the court directed that the defendant serve 30…