New York Consolidated Laws

N.Y. Penal Law § 205.10 (2026)

Escape in the second degree

✓ current as of May 2026

Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

§ 205.10 Escape in the second degree.
  A person is guilty of escape in the second degree when:
  1. He escapes from a detention facility; or
  2. Having been arrested for, charged with or convicted of a class C,
class D or class E felony, he escapes from custody; or
  3. Having been adjudicated a youthful offender, which finding was
substituted for the conviction of a felony, he escapes from custody.
  Escape in the second degree is a class E felony.

Notes of Decisions

Cited in 44 cases (2 in the last 5 years), 1983–2021 · leading case: People v. Ortega, 505 N.E.2d 613 (NY 1987).

Sort: Relevance Newest Treatment

People v. Ortega, 505 N.E.2d 613 (NY 1987). · cites it 5× “While he was at the nonsecure facility he left without authorization and was thereafter indicted for escape in the second degree (Penal Law § 205.10) and escape in the third degree (Penal Law § 205.”

Matter of Dylan C., 949 N.E.2d 949 (NY 2011). · cites it 6× “For absconding, he was charged in a second juvenile delinquency petition with the commission of acts which, if performed by an adult, would constitute the crime of escape in the second degree (Penal Law § 205.10 [1]), a class E felony.”

People v. Hardy, 918 N.E.2d 884 (NY 2009). · cites it 4× “At issue is whether defendant was properly convicted of escape in the second degree (see Penal Law § 205.10 [2]). We hold that he was.”

People v. Maldonado, 658 N.E.2d 1028 (NY 1995). “05); a defendant who escapes from custody after being arrested for a class C, D or E felony is guilty of second degree escape (Penal Law § 205.10 [2]); and a defendant who escapes from custody after being arrested for a class A or B felony is guilty of first degree escape (Penal…”

People v. Antwine, 870 N.E.2d 1141 (NY 2007). · cites it 9× “The issue in this appeal is whether defendant was properly convicted of escape in the second degree under Penal Law § 205.10 (2). We agree with the Appellate Division that he was.”

Commonwealth v. Spenny, 128 A.3d 234 (Pa. Super. Ct. 2015). “It provides no explanation as to how it reached this conclusion, but we presume that this is based on the absence of supporting documentation concerning the Monroe County robbery to permit confirmation that the robbery was of a financial institution.”

In re Dylan C., 69 A.D.3d 127 (N.Y. App. Div. 2009). · cites it 4× “The issue we are called upon to decide on this appeal is whether a nonsecure facility for the placement of alleged and adjudicated juvenile delinquents is a “detention facility” within the scope of Penal Law § 205.10, which sets forth the elements of the crime of escape in the…”

In re Joe A., 171 Misc. 2d 241 (N.Y.C. Fam. Ct. 1996). · cites it 7× “15), escape in the second degree (Penal Law § 205.10 [1], [2]), and escape in the third degree (Penal Law § 205.”

People v. Saunders, 301 A.D.2d 869 (N.Y. App. Div. 2003). “To prove escape in the second degree, it was necessary for the prosecution to establish defendant’s custodial status at the time of the commission of the incidents charged in the indictment (see Penal Law § 205.10). Similarly, to prove criminal possession of a weapon in the…”

People v. Ortega, 127 Misc. 2d 717 (N.Y. Sup. Ct. 1985). · cites it 2× “On May 4, 1984, the Grand Jury of Bronx County indicted defendant Ortega for the crimes of escape in the second degree and escape in the third degree (Penal Law § 205.10 [1]; § 205.05). A warrant for defendant’s arrest was executed at Bronx Psychiatric Center, and on May 7, 1984…”

People v. Gonzalez, 2020 NY Slip Op 2675 (N.Y. App. Div. 2020). “10(2) provides that "[a] person is guilty of escape in the second degree when [h]aving been arrested for, charged with or convicted of a class C, class D or class E felony, he [or she] escapes from custody." As relevant here, custody is defined as "restraint by a public servant…”

People v. Walter, 115 A.D.2d 52 (N.Y. App. Div. 1986). · cites it 3× “Defendant appeals his conviction of escape in the second degree pursuant to Penal Law § 205.10 (1) on the sole ground that no crime was committed because the Forensic Unit of the Hutchings Psychiatric Center in Syracuse is not a detention facility within the meaning of Penal Law…”

Show all 44 citing cases →

— N.Y. Penal Law § 205.10(1) — 1 case

State v. Crosby, 770 P.2d 1154 (Alaska Ct. App. 1989).

— N.Y. Penal Law § 205.10(2) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.