People v. Berrios

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of absconding from temporary release in the first degree (Penal Law § 205.17). When admitted to the temporary work release program, defendant signed an agreement that he would report to the facility by 4:30 p.m. every Tuesday and Thursday. The People presented proof that defen*840dant, after reporting as required for several weeks, failed to report to the facility on December 28, 1993, or anytime thereafter, until his eventual arrest. Defendant testified and admitted that he failed to report, but stated…