New York Consolidated Laws

N.Y. Penal Law § 205.05 (2026)

Escape in the third degree

✓ current as of May 2026

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§ 205.05 Escape in the third degree.
  A person is guilty of escape in the third degree when he escapes from
custody.
  Escape in the third degree is a class A misdemeanor.

Notes of Decisions

Cited in 30 cases, 1986–2016 · leading case: People v. Ortega, 505 N.E.2d 613 (NY 1987).

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People v. Ortega, 505 N.E.2d 613 (NY 1987). · cites it 4× “10) and escape in the third degree (Penal Law § 205.05). Supreme Court dismissed the indictment (127 Mise 2d 717) and the Appellate Division affirmed, without opinion.”

People v. Maldonado, 658 N.E.2d 1028 (NY 1995). “He points out that the sole difference among the three degrees of escape is the basis for the arrest: a defendant who escapes from general custody is guilty of third degree escape, a class A misdemeanor (Penal Law § 205.05); a defendant who escapes from custody after being…”

Johnson v. State, 253 A.D.2d 274 (N.Y. App. Div. 1999). · cites it 3× “We also agree with the Court of Claims’ conclusion that decedent’s escape from custody, in violation of Penal Law § 205.05, precludes any recovery as a matter of public policy.”

Daniels v. Loizzo, 986 F. Supp. 245 (S.D.N.Y. 1997). “See N.Y. Penal Law § 205.05 ; N.Y. Penal Law § 205.”

People v. Cruz, 137 A.D.3d 1158 (N.Y. App. Div. 2016). “Since there was probable cause to arrest the defendant, the defendant was properly charged with escape in the third degree and resisting arrest (Penal Law §§ 205.05, 205.30). The defendant’s contention that the prosecution failed to establish his guilt of burglary in the first…”

In re Bryan JJ., 175 A.D.2d 416 (N.Y. App. Div. 1991). · cites it 2× “Petitioner thereafter filed a petition dated March 12, 1990 seeking to adjudicate respondent a juvenile delinquent on the ground that he had perpetrated an act which, if committed by an adult, constitutes the crime of escape in the third degree under Penal Law § 205.05.…”

People v. LaDuca, 292 A.D.2d 851 (N.Y. App. Div. 2002). “05 [3]), escape in the third degree (Penal Law § 205.05), resisting arrest (Penal Law § 205.”

In re Joe A., 171 Misc. 2d 241 (N.Y.C. Fam. Ct. 1996). · cites it 2× “10 [1], [2]), and escape in the third degree (Penal Law § 205.05). 1 The petition alleges that by order of the Family Court, Bronx County (Marjory D.”

People v. Walter, 115 A.D.2d 52 (N.Y. App. Div. 1986). “We found that the evidence established escape in the third degree (Penal Law § 205.05), a lesser included offense, since defendant escaped from the custody of the Commissioner of Mental Hygiene, and we declined to reach the issue of whether defendant’s acts could constitute…”

People v. Lee, 275 A.D.2d 995 (N.Y. App. Div. 2000). · cites it 2× “30) and escape in the third degree (Penal Law § 205.05). Defendant contends that there is no evidence that he was intoxicated and thus that the conviction of driving while intoxicated is not supported by legally sufficient evidence.”

Harris v. Kuhlmann, 115 F. Supp. 2d 326 (E.D.N.Y 2000). “11 ; and four counts of assault in the second degree, in violation of N.Y. Penal Law § 205.05 [2,3,6,7]. However, Petitioner pled guilty to the attempted murder charge in full satisfaction of all the charges contained in the indictment.”

People v. Jeffries, 129 A.D.2d 962 (N.Y. App. Div. 1987). “The proof was adequate to support only the lesser included offense of escape in the third degree (Penal Law § 205.05). Since the trial court dismissed the charge of grand larceny in the third degree under the second count of the indictment and we now find the evidence…”

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