People v Ford

People v Ford 2013 NY Slip Op 08062 Decided on December 4, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 4, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
2012-01420
(Ind. No. 1368/09)

[*1]People of State of New York, respondent,

v

Dennis Ford, appellant.




Steven Banks, New York, N.Y. (Michael C. Taglieri of
counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove, Linda Breen, and Daniel
Berman of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Walsh, J.), dated January 27, 2012, as, after a hearing, designated him a level three offender pursuant to Correction Law article 6-C.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the defendant's contention, he was properly assessed points under risk factor 12 for not accepting responsibility for his conduct. The Supreme Court properly considered the defendant's lengthy disciplinary record while incarcerated, which prevented him from participating in a sex offender treatment program, as evidence of a refusal of treatment (see People v Peana, 68 AD3d 737; People v Mercado, 55 AD3d 583). Accordingly, the court's determination designating the defendant a level three offender is supported by clear and convincing evidence.
DILLON, J.P., ANGIOLILLO, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court