| People v Gudino-Sanchez |
| 2014 NY Slip Op 02679 [116 AD3d 565] |
| April 17, 2014 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Joel Gudino-Sanchez, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Nancy Killian of counsel), forrespondent.
Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered January 2, 2013,which adjudicated defendant a level two sex offender under the Sex OffenderRegistration Act (Correction Law art 6-C), unanimously affirmed, without costs.
Initially, we decline to dismiss this appeal on the ground that defendant has beendeported (see People vScott, 113 AD3d 491 [1st Dept 2014]). The People have not established thatdefendant's absence from the United States renders this appeal moot.
The People presented clear and convincing evidence that defendant did not acceptresponsibility for his crime, instead blaming the victim (see People v Teagle, 64 AD3d549 [2d Dept 2009]), and, under the circumstances, his participation in rehabilitationprograms was not an acceptance of responsibility. Therefore, the court correctly assessed10 points under that risk factor.
The court properly exercised its discretion when it declined to grant a downwarddeparture (see People v Cintron, 12 NY3d 60, 70 [2009], cert denied 558US 1011 [2009]; People vJohnson, 11 NY3d 416, 421 [2008]). Defendant did not demonstrate anymitigating factors not taken into account by the risk assessment instrument that wouldwarrant a downward departure. Concur—Friedman, J.P., Sweeny, Andrias, Gischeand Clark, JJ.