People v. Mc Collough

*600OPINION OF THE COURT

Donald J. Mark, J.

This is an application by the defendant, who was convicted after a jury trial of the crime of absconding from temporary release in the first degree, pursuant to CPL 330.30, to vacate the verdict, upon the ground that insufficient trial evidence would require a reversal on appeal.

The trial evidence demonstrated that the defendant, an inmate of the Department of Correctional Services, was released from the Rochester Correctional Facility under a temporary release program designated as a “five and two program”; that under this program he was released from…