People v. Carrington

— Appeal by the People from so much of an order of the County Court, Orange County (Freehill, J.), dated January 27, 2010, as granted that branch of the defendant’s omnibus motion which was to dismiss count one of the indictment, charging escape in the second degree.

Ordered that the order is affirmed insofar as appealed from.

The County Court properly granted that branch of the defendant’s omnibus motion which was to dismiss count one of the indictment, charging the defendant with escape in the second degree under Penal Law § 205.10 (1). The People failed to present to the grand jury legally…