A 15-year-old boy who tried to run away from a nonsecure Brooklyn detention facility did not commit acts constituting the crime of escape, a state appeals panel has ruled.
Nonsecure facilities for alleged and adjudicated juvenile delinquents do not fall within the ambit of Penal Law §205.10, which sets forth the elements of second-degree escape and was enacted in 1965, more than a decade before the initial proliferation of such facilities, the Appellate Division, Second Department, panel concluded.
