Opinion
03-25-2016
The PEOPLE of the State of New York, Respondent, v. Jonathan JAMISON, Defendant–Appellant.
Frank H. Hiscock Legal Aid Society, Syracuse (Philip Rothschild of Counsel), for Defendant–Appellant. William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for Respondent.
Frank H. Hiscock Legal Aid Society, Syracuse (Philip Rothschild of Counsel), for Defendant–Appellant.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for Respondent.
MEMORANDUM:
Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act ( [SORA] Correction Law § 168 et seq. ). We reject defendant's contention that Supreme Court erred in assessing 30 points against him based on a 1986 conviction. Defendant's challenge to that conviction is not properly before us on this appeal from the SORA determination (see generally People v. Buniek, 121 A.D.3d 659, 659, 993 N.Y.S.2d 180, lv. denied 24 N.Y.3d 914, 2015 WL 175198 ; People v. Clavette, 96 A.D.3d 1178, 1179, 946 N.Y.S.2d 310, lv. denied 20 N.Y.3d 851, 2012 WL 5845583 ; People v. Ayala, 72 A.D.3d 1577, 1578, 898 N.Y.S.2d 912, lv. denied 15 N.Y.3d 816, 908 N.Y.S.2d 148, 934 N.E.2d 882 ). Defendant moved pursuant to CPL 440.10(1)(h) to vacate that conviction before the SORA determination, but the court denied the motion, and defendant did not seek permission from this Court to appeal from that order (see CPL 450.15[1] ; 460.15[1] ). We reject defendant's further contention that the court erred in assessing 10 points against him for failure to accept responsibility. Although defendant pleaded guilty to assault and rape, he made statements denying the rape to a probation officer preparing the presentence report, and he again denied the rape in a letter to the court approximately one month before his release. Defendant made subsequent statements to a therapist that he "takes responsibility for the physical aspects of his offense," but "[t]he court properly concluded that defendant's statement[s] did not reflect a genuine acceptance of responsibility as required by the risk assessment guidelines developed by the Board [of Examiners of Sex Offenders]" (People v. Kyle, 64 A.D.3d 1177, 1178, 881 N.Y.S.2d 759, lv. denied 13 N.Y.3d 709, 2009 WL 3379124 [internal quotation marks omitted] ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
WHALEN, P.J., CENTRA, CARNI, DeJOSEPH, and TROUTMAN, JJ., concur.