People v. Arvelo

Order, Supreme Court, New York County (Arlene R. Silverman, J.), entered on or about May 28, 2008, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly assessed 10 points for defendant’s failure to accept responsibility for his sex offense. Although defendant pleaded guilty to that crime, he refused to be interviewed by the Department of Probation which indicates a failure of genuine acceptance of responsibility. Furthermore, while the court did not use the phrase…