People v. Padgett

170 A.D.3d 1054

94 N.Y.S.3d 443 (Mem)

PEOPLE of State of New York, Respondent,

v.Damell PADGETT, Appellant.

2016–01603

Supreme Court, Appellate Division, Second Department, New York.

Submitted—November 20, 2018

March 20, 2019

Janet E. Sabel, New York, N.Y. (Lorraine Maddalo of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Ryan Bae of counsel), for respondent.

LEONARD B. AUSTIN, J.P., JOHN M. LEVENTHAL, COLLEEN D. DUFFY, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Kings County (Ruth Shillingford, J.), dated January 14, 2016, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6–C.

ORDERED that the order is affirmed, without costs or disbursements.

In this proceeding pursuant to the Sex Offender Registration Act (see Correction Law art 6–C), the defendant was designated a level three sex offender. We agree with the Supreme Court's assessment of 15 points under risk factor 12 (acceptance of responsibility). The defendant's refusal to participate in a sex offender treatment program automatically demonstrates an unwillingness to accept responsibility for the crime (see People v. Quinones, 157 A.D.3d 834, 66 N.Y.S.3d 643 ; People v. Grigg, 112 A.D.3d 802, 803, 977 N.Y.S.2d 84 ; People v. DeCastro, 101 A.D.3d 693, 693, 954 N.Y.S.2d 496 ).

We also agree with the Supreme Court's assessment of 15 points under risk factor 11, based on the defendant's history of drug abuse (see People v. Aldarondo, 136 A.D.3d 770, 770–771, 24 N.Y.S.3d 531 ; People v. Zavala, 114 A.D.3d 653, 654, 979 N.Y.S.2d 660 ; People v. Fryer, 101 A.D.3d 835, 955 N.Y.S.2d 407 ; People v. Finizio, 100 A.D.3d 977, 978, 954 N.Y.S.2d 636 ), and 20 points under risk factor 13 for unsatisfactory conduct with sexual misconduct while confined (see People v. LeGrand, 152 A.D.3d 722, 55 N.Y.S.3d 905 ; People v. Faulkner, 151 A.D.3d 601, 601, 55 N.Y.S.3d 249 ; People v. Baluja, 109 A.D.3d 803, 804, 971 N.Y.S.2d 213 ).

Accordingly, we agree with the Supreme Court's determination designating the defendant a level three sex offender.

AUSTIN, J.P., LEVENTHAL, DUFFY and IANNACCI, JJ., concur.