N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Administration / ARTICLE Escape and Other Offenses Relating to Custody
New York Consolidated Laws

N.Y. Penal Law § 205.15 (2026)

Escape in the first degree

✓ current as of May 2026
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§ 205.15 Escape in the first degree.
  A person is guilty of escape in the first degree when:
  1. Having been charged with or convicted of a felony, he escapes from
a detention facility; or
  2. Having been arrested for, charged with or convicted of a class A or
class B 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 a detention
facility.
  Escape in the first degree is a class D felony.
Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1986–2021 · leading case: People v. Maldonado, 658 N.E.2d 1028 (NY 1995).
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People v. Maldonado, 658 N.E.2d 1028 (NY 1995). · cites it 4× “The Penal Law provides that a person is guilty of escape in the first degree when "[h]aving been arrested for * * * a class A or class B felony, he escapes from custody” (Penal Law § 205.15 [2]). Lower degrees of escape are predicated on an arrest for lesser charges.”
People v. Laws, 41 A.D.3d 1205 (N.Y. App. Div. 2007). · cites it 3× “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…”
People v. Walker, 19 Misc. 3d 444 (N.Y. Sup. Ct. 2008). · cites it 5× “Defendant is charged with escape in the first degree (Penal Law § 205.15 [2]) and it is alleged that defendant, “on or about August 19, 2007 at 915 N.”
People v. Curran, 139 A.D.3d 1087 (N.Y. App. Div. 2016). · cites it 2× “We also reject the defendant’s argument that the secure holding area located in the rear of the Dutchess County Courthouse does not constitute a “detention facility,” which determination would render his conviction of attempted escape in the first degree pursuant to Penal Law §…”
In re Joe A., 171 Misc. 2d 241 (N.Y.C. Fam. Ct. 1996). · cites it 5× “I By petition filed on October 24, 1996, respondent is alleged *243 to have committed acts which, were he an adult, would constitute the crimes of escape in the first degree (Penal Law § 205.15), escape in the second degree (Penal Law § 205.”
People v. Sharland, 130 A.D.2d 819 (N.Y. App. Div. 1987). · cites it 3× “Having been charged with or convicted of a felony, he escapes from a detention facility” (Penal Law § 205.15 [emphasis supplied]). A "detention facility” is defined as "any place used for the confinement, pursuant to an order of a court, of a person (a) * * * convicted of an…”
People v. Duckett, 130 A.D.2d 681 (N.Y. App. Div. 1987). · cites it 2× “Having been charged with or convicted of a felony, he escapes from a detention facility”. Penal Law § 205.00 (1) defines a detention facility, inter alia, as "any place used for the confinement, pursuant to an order of a court, of a person (a) charged with or convicted of an…”
People v. Larrabee, 134 A.D.2d 855 (N.Y. App. Div. 1987). “Memorandum: Defendant was convicted after a jury trial of escape in the first degree (Penal Law § 205.15 [1]) and sentenced as a second felony offender to 3iá to 7 years’ imprisonment.”
Harris v. Kuhlmann, 115 F. Supp. 2d 326 (E.D.N.Y 2000). “1 Petitioner originally had been charged in this indictment with escape in the first degree, in violation of N.Y. Penal Law § 205.15 [2]; aggravated assault upon a police officer, in violation of N.”
People v. Quintana, 36 A.D.3d 505 (N.Y. App. Div. 2007). “The only evidence as to the nature of the charge for which defendant was being arrested (see Penal Law § 205.15 [2]) was inadmissible hearsay, provided by an officer with no personal knowledge relating to the element at issue (see CPL 190.”
People v. D'Antuono, 263 A.D.2d 968 (N.Y. App. Div. 1999). “15 [4]) and two counts of escape in the first degree (Penal Law § 205.15 [2]). On appeal from that judgment of conviction, he maintained that County Court erred in denying his motion to dismiss the indictment pursuant to CPL 30.”
People v. Carroll, 158 A.D.2d 704 (N.Y. App. Div. 1990). “The Penal Law clearly states that "A person is guilty of *705 escape in the first degree when * * * [h]aving been charged with or convicted of a felony, he escapes from a detention facility” (Penal Law § 205.15 [1] [emphasis added]).”
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