People v Padgett, 2019 NY Slip Op 02131 [170 AD3d 1054]

March 20, 2019

Appellate Division, Second Department

[*1]

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..