People v Perry
2011 NY Slip Op 05248 [85 AD3d 890]
June 14, 2011
Appellate Division, Second Department
As corrected through Wednesday, August 10, 2011


The People of the State of New York,Respondent,
v
William Perry, Appellant.

[*1]Lynn W.L. Fahey, New York, N.Y. (Anna Pervukhin of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan Dennehyof counsel; Todd L. Miller on the brief), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Firetog, J.),dated October 12, 2006, 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 pleaded guilty in 1998 to two counts of sodomy in the first degree. In aninterview with the Manhattan Psychiatric Center conducted around the time of his October 2005conditional release from prison, the defendant minimized his sexual offenses and, alternatively,denied any guilt. Accordingly, the Supreme Court properly assessed the defendant 10 pointsunder risk factor 12, since his contradictory statements reflected a failure to genuinely acceptresponsibility, as required by the Sex Offender Registration Act: Risk Assessment Guidelinesand Commentary (see People vFuller, 83 AD3d 1025 [2011]; People v Vega, 79 AD3d 718 [2010]; People v Teagle, 64 AD3d 549[2009]).

The defendant's remaining contentions are without merit.

Accordingly, we find no basis to disturb the Supreme Court's designation of the defendant asa level three sex offender. Dillon, J.P., Balkin, Belen and Sgroi, JJ., concur.


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