Opinion
2021-05174 Ind 3504/13
09-30-2021
The People of the State of New York, Respondent, v. Jose Lozada, Defendant-Appellant. Appeal No. 14240 No. 2015-2434
Janet E. Sabel, The Legal Aid Society, New York (Ellen Dille of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Robert L. Myers of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Ellen Dille of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Robert L. Myers of counsel), for respondent.
Before: Manzanet-Daniels, J.P., Kern, Oing, Rodriguez, Higgitt, JJ.
Order, Supreme Court, Bronx County (Troy K. Webber, J.), entered on or about January 15, 2015, which adjudicated defendant a level three sexually violent predicate 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 under the risk factor for failure to accept responsibility was supported by clear and convincing evidence (see e.g. People v Kennedy, 160 A.D.3d 671 [2d Dept 2018], lv denied 31 N.Y.3d 913 [2018]). Although defendant pleaded guilty to the underlying offense, he denied his guilt in a post-conviction statement to correction officials, and repeated that denial at the SORA hearing itself. Defendant's claim that the court shifted the burden of proof at the hearing is unpreserved and without merit. On the contrary, the hearing court offered defendant an opportunity to accept responsibility, whereupon he did the opposite. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.