—[*1] Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sara M. Zausmer of counsel), for respondent.

Order, Supreme Court, New York County (A. Kirke Bartley, J.), entered on or about April 10, 2007, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly assessed 10 points for defendant's failure to accept responsibility for his sex offense. The circumstances of defendant's plea and sentencing, viewed as a whole, do not demonstrate a genuine acceptance of responsibility (see People v Marinconz, 178 Misc 2d 30, 34-35 [Sup Ct, Bronx County 1998]). The record also supports the court's conclusion that a discretionary upward departure would have been appropriate in any event. Concur—Mazzarelli, J.P., Sweeny, Moskowitz, Acosta and RomÁn, JJ.