People v. Waters

The defendant herein has been indicted by the grand jury for a violation of section 1694 of the Penal Law. The specific charge in such indictment is that while being confined in the county jail of the county of Cattaraugus, in pursuance of the provisions of subdivision 2 of section 1221 of the Penal Law, the defendant fled from such jail. The defendant herein moves to dismiss the indictment on the ground that the indictment does not charge him with a crime. The question involved here is whether or not confinement to the county jail in accordance with section 1221 of the Penal Law is for a…