| People v Padgett |
| 2019 NY Slip Op 02131 [170 AD3d 1054] |
| March 20, 2019 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of
the State of New York, Respondent, v Damell Padgett, Appellant. |
Janet E. Sabel, New York, NY (Lorraine Maddalo of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Ryan Bae of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Ruth Shillingford, J.), dated January 14, 2016, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
In this proceeding pursuant to the Sex Offender Registration Act (see Correction Law art 6-C), the defendant was designated a level three sex offender. We agree with the Supreme Court's assessment of 15 points under risk factor 12 (acceptance of responsibility). The defendant's refusal to participate in a sex offender treatment program automatically demonstrates an unwillingness to accept responsibility for the crime (see People v Quinones, 157 AD3d 834 [2018]; People v Grigg, 112 AD3d 802, 803 [2013]; People v DeCastro, 101 AD3d 693, 693 [2012]).
We also agree with the Supreme Court's assessment of 15 points under risk factor 11, based on the defendant's history of drug abuse (see People v Aldarondo, 136 AD3d 770, 770-771 [2016]; People v Zavala, 114 AD3d 653, 654 [2014]; People v Fryer, 101 AD3d 835 [2012]; People v Finizio, 100 AD3d 977, 978 [2012]), and 20 points under risk factor 13 for unsatisfactory conduct with sexual misconduct while confined (see People v LeGrand, 152 AD3d 722 [2017]; People v Faulkner, 151 AD3d 601, 601 [2017]; People v Baluja, 109 AD3d 803, 804 [2013]).
Accordingly, we agree with the Supreme Court's determination designating the defendant a level three sex offender. Austin, J.P., Leventhal, Duffy and Iannacci, JJ., concur.