People v. Hardy

Memorandum: On appeal from a judgment convicting him, upon a jury verdict, of escape in the second degree (Penal Law § 205.10 [2]), defendant contends that the conviction is not supported by legally sufficient evidence because he was not in custody when he fled the courthouse. We reject that contention. During an appearance before County Court while released on bail and awaiting sentencing on his conviction of criminal possession of a controlled substance in the fifth degree, defendant’s bail was increased by the court and defendant was handcuffed by sheriffs deputies and seated in a hallway…