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 absconding from temporary release in the first degree (Penal Law § 205.17). The evidence establishes that defendant failed to return to the Rochester Correctional Facility after his temporary release from custody pursuant to a work release program. Although defendant...
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