People v. King

OPINION OF THE COURT

Howard M. Bergson, J.

Ordered that this motion by the defendant is decided as follows:

The defendant, a parolee, escaped in handcuffs from the office of his parole officer after he was arrested for parole violations. A parole warrant had been approved at the time of the arrest but had not yet been issued. The question presented in this case is whether the defendant’s arrest under these circumstances, prior to the issuance of the parole warrant, was an authorized arrest.

The defendant was charged with escape in the third degree, in violation of Penal Law § 205.05, and a jury…