| People v Chandler |
| 2011 NY Slip Op 00497 [80 AD3d 741] |
| January 25, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Jeffrey Chandler, Appellant. |
—[*1] Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and AnneGrady of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.),dated November 14, 2008, which, after a hearing, designated him a level three sex offenderpursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The defendant contends that, in determining his risk level under the Sex OffenderRegistration Act (see Correction Law art 6-C), the Supreme Court erroneously assessed10 points against him under risk factor 12 for failure to accept responsibility for his criminalconduct. This contention is without merit. Although the defendant pleaded guilty, his subsequentstatements to the Probation Department constituted clear and convincing evidence that he did notgenuinely accept responsibility for his criminal conduct (see People v Murphy, 68 AD3d 832, 833 [2009]; People v Lesch, 38 AD3d 1129,1130 [2007]; People v Wright, 37AD3d 797, 798 [2007]; People v Mitchell, 300 AD2d 377, 378 [2002]). Covello,J.P., Dickerson, Hall and Lott, JJ., concur.