| People v Farrice |
| 2012 NY Slip Op 08107 [100 AD3d 976] |
| November 28, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v PhilipFarrice, Appellant. |
—[*1] Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart ofcounsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.),dated May 13, 2010, which, after a hearing, designated him a level three sexually violentoffender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, the Supreme Court properly assessed the defendant10 points under risk factor 12 for failing to genuinely accept responsibility, as required by theSex Offender Registration Act: Risk Assessment Guidelines and Commentary. According to thepresentence investigation report relied upon by the hearing court (see People v Mingo, 12 NY3d563, 571 [2009]; People vJames, 99 AD3d 775 [2012]), during an interview with the Probation Department, thedefendant minimized the underlying sexual offense and, alternatively, denied that he performedthe criminal sexual act which formed the basis for the conviction (see People v Perry, 85 AD3d 890[2011]; see also People v Vega, 79AD3d 718, 719 [2010]). Accordingly, the defendant was properly designated a level threesexually violent offender. Florio, J.P., Leventhal, Austin and Roman, JJ., concur.