New York Consolidated Laws

N.Y. Penal Law § 205.17 (2026)

Absconding from temporary release in the first degree

✓ current as of May 2026

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* § 205.17 Absconding from temporary release in the first degree.
  A person is guilty of absconding from temporary release in the first
degree when having been released from confinement in a correctional
institution under the jurisdiction of the state department of
corrections and community supervision or a facility under the
jurisdiction of the state office of children and family services to
participate in a program of temporary release, he or she intentionally
fails to return to the institution or facility of his or her confinement
at or before the time prescribed for his or her return.
  Absconding from temporary release in the first degree is a class E
felony.
  * NB Expires September 1, 2027

Notes of Decisions

Cited in 6 cases, 1995–2009 · leading case: People v. McCullough, 8 A.D.3d 1122 (N.Y. App. Div. 2004).

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People v. McCullough, 8 A.D.3d 1122 (N.Y. App. Div. 2004). “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…”

People v. Teddy, 227 A.D.2d 182 (N.Y. App. Div. 1996). “Defendant’s argument that the statute (Penal Law § 205.17) contains no references to electronic monitoring is not a challenge to the sufficiency of the allocution, but rather the superior court information to which defendant pleaded guilty.”

People v. Burke, 222 A.D.2d 837 (N.Y. App. Div. 1995). · cites it 2× “Following a jury trial, he was found guilty of absconding from temporary release in the first degree, a class E felony (see, Penal Law § 205.17), and was sentenced as a second felony offender to an indeterminate term of imprisonment of 2 to 4 years.”

People v. Horton, 60 A.D.3d 1387 (N.Y. App. Div. 2009). “Memorandum: On appeal from a judgment convicting him upon his plea of guilty of absconding from temporary release in the first degree (Penal Law § 205.17), defendant contends that Supreme Court erred in imposing a DNA databank fee pursuant to Penal Law § 60.”

People v. Mc Collough, 186 Misc. 2d 599 (N.Y. Sup. Ct. 2000). · cites it 2× “Penal Law § 205.17 provides as follows: “A person is guilty of absconding from temporary release in the first degree when having been released from confinement in a correctional institution under the jurisdiction of the state department of correctional services * * * to…”

People v. Berrios, 266 A.D.2d 839 (N.Y. App. Div. 1999). “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.”

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