Opinion
February 10, 1994
Appeal from the Supreme Court, Albany County (Keegan, J.).
While incarcerated in Ogdensburg Correctional Facility in St. Lawrence County, petitioner was denied participation in the temporary release program based upon information in his presentence report and criminal record that he had been convicted of attempted escape. Petitioner's failure to exhaust his administrative remedy in this case requires us to affirm Supreme Court's dismissal of the petition. Were we to address the merits of the appeal, we would agree with Supreme Court that the documentary evidence of petitioner's escape conviction adequately supports the determination denying participation in the temporary release program. We have considered petitioner's other contentions and find them to be without merit.
Cardona, P.J., Mikoll, White, Casey and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.