It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon a jury verdict of escape in the first degree (Penal Law § 205.15 [2]). Defendant contends that he was denied his right to be indicted by the grand jury on the escape charge on the ground that he was not indicted on the underlying felony, burglary in the first degree (§ 140.30). Penal...
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