People v. Richardson

Judgment affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of escape in the first and second degrees. On appeal, defendant contends that: (1) the proof was insufficient to convict him of escape in the first degree; (2) the court should have given a circumstantial evidence charge with respect to that count; (3) the People changed the theory of the prosecution after the Grand Jury indicted him; (4) the court erroneously charged escape in the second degree as a lesser included offense of escape in the first degree; (5) the People failed to provide certain…