A Queens Robbery Lawyer said that this in an appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 12, 1981, convicting him of robbery in the third degree, unauthorized use of a motor vehicle, unlawful imprisonment in the second degree, and escape in the second degree, upon a jury verdict, and imposing sentence.
A Queens Grand Larceny Lawyer said that, the evidence reveals that at about 6:30 P.M. on May 27, 1980, the Police Officer and his partner, Sergeant were driving through a parking lot located at 79-00 Queens Boulevard when the Police Officer observed the defendant with a screwdriver in his hand, standing at the rear of a vehicle opening its trunk. As the Sergeant approached defendant in order to question him, defendant ran. Defendant, however, was eventually caught and placed under arrest for attempted grand larceny in the second degree, a felony, and possession of burglar’s tools. Following his arrest, defendant complained of a stomachache and was taken to Elmhurst General Hospital.
A Queens Criminal Lawyer said that, when the Police Officer returned to duty the following afternoon of May 28, he was sent to Elmhurst General Hospital to guard defendant. He observed that the defendant was not handcuffed and was lying on an “operating table” in the corridor. Sometime later, while the Police Officer was trying to expedite defendant’s medical treatment, defendant managed to get off the table without him noticing him. The next thing he observed was defendant running down the corridor; defendant made a left turn into the X-ray room. He followed him into the X-ray room, and through an open window, observed him running down Broadway. He went out the front door of the hospital, and observed defendant at that time opening the door of a car which had been stopped for a red light, and dragging the woman driver and her son out of the car. Defendant then drove away, with the woman’s daughter still in the front seat of the car. After driving about 8 to 10 blocks, defendant let the girl out of the car. Defendant was subsequently placed under arrest on or about October 9, 1980 and was indicted for robbery in the second degree, unauthorized use of a motor vehicle, reckless endangerment, unlawful imprisonment in the second degree, and escape in the second degree, all stemming from the events of May 28.
The issue in this case is whether court erred in convicting the criminal defendant of robbery in the third degree, unauthorized use of a motor vehicle, unlawful imprisonment in the second degree, and escape in the second degree.
Subdivision 2 of section 205.10 of the Penal Law provides that “person is guilty of escape in the second degree when: been arrested for, charged with or convicted of a felony, he escapes from custody”. The Police Officer testified that the defendant was arrested for attempted grand larceny in the second degree, which is a felony. While his testimony is sufficient to establish that he had probable cause to believe defendant attempted to steal property, the People did not present any evidence whatsoever as to the value of the property. Thus, there apparently was no basis to arrest defendant for the felony of attempted grand larceny in the second degree instead of the misdemeanor of attempted petit larceny.
To Be Cont…
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