Opinion
14240 Ind. No. 3504/13 Case No. 2015-2434
09-30-2021
The PEOPLE of the State of New York, Respondent, v. Jose LOZADA, Defendant–Appellant.
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.
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, 74 N.Y.S.3d 300 [2d Dept. 2018], lv denied 31 N.Y.3d 913, 2018 WL 3152499 [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.