Opinion
13316 Ind. No. 4354/03 Case No. 2015-02740
03-09-2021
The PEOPLE of the State of New York, Respondent, v. Matthew WILLIAMS, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Laura Lieberman Cohen of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Diana J. Lewis of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Laura Lieberman Cohen of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Diana J. Lewis of counsel), for respondent.
Manzanet–Daniels, J.P., Kapnick, Kennedy, Shulman, JJ.
Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about October 7, 2015, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs. The court's assessment of 10 points for failure to accept responsibility was supported by clear and convincing evidence (see People v. Ramos, 171 A.D.3d 483, 98 N.Y.S.3d 20 [1st Dept.2019], lv. denied 33 N.Y.3d 912, 2019 WL 4200804 [2019] ). The evidence supports the inference that defendant did not show a genuine acceptance of responsibility.
In any event, regardless of whether defendant's correct point score is 85, as found by the court, or 75, as he contends, he remains a level two offender, and we find no basis for a downward departure (see generally People v. Gillotti, 23 N.Y.3d 841, 994 N.Y.S.2d 1, 18 N.E.3d 701 [2014] ). There were no mitigating factors that were not adequately taken into account by the guidelines or outweighed by aggravating factors.