| People v Gonzalez |
| 2008 NY Slip Op 01011 [48 AD3d 226] |
| February 5, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Roberto Gonzalez, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Susan Gliner of counsel), forrespondent.
Order, Supreme Court, New York County (Michael R. Ambrecht, J.), entered on or aboutSeptember 19, 2006, which adjudicated defendant a level three sex offender pursuant to the SexOffender Registration Act, unanimously affirmed, without costs.
The court properly assessed points for the risk factor of failure to accept responsibility. Thecourt had also presided at the time of defendant's guilty plea and sentencing with regard to theunderlying sex crime. After a thorough hearing pursuant to People v Hicks (98 NY2d 185[2002]), the court had imposed an enhanced sentence on the ground that defendant had violatedhis plea agreement by failing to cooperate with the Department of Probation (9 Misc 3d 344[2005]). The record supports the court's conclusion that, in defendant's situation, this lack ofcooperation also amounted to failure to accept responsibility for his crimes, under the applicablerisk factor. Concur—Tom, J.P., Saxe, Gonzalez, Buckley and Catterson, JJ.