Opinion
11963 Ind. No. 5365/10 Case No. 2011-02568
10-06-2020
The PEOPLE of the State of New York, Respondent, v. Raymundo SEPULVEDA, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Elizabeth B. Emmons of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jonathon Krois of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Elizabeth B. Emmons of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jonathon Krois of counsel), for respondent.
Kapnick, J.P., Oing, Scarpulla, Shulman, JJ.
Order, Supreme Court, New York County (Ronald A. Zweibel, J.), entered on or about February 28, 2013, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6–C), unanimously affirmed, without costs.
The court's assessment of 15 points under the risk factor for drug or alcohol abuse was supported by clear and convincing evidence. Defendant's abstinence, while incarcerated, from using substances that are prohibited in prison was insufficient to predict his postrelease behavior (see People v. Gonzalez, 48 A.D.3d 284, 285, 852 N.Y.S.2d 71 [2008], lv denied 10 N.Y.3d 711, 860 N.Y.S.2d 483, 890 N.E.2d 246 [2008] ).
The court also properly assessed 15 points under the risk factor relating to lack of acceptance of responsibility. Defendant's refusal to participate in sex offender treatment was sufficient to demonstrate a lack of genuine acceptance of responsibility (see People v. Dunning, 166 A.D.3d 405, 406, 86 N.Y.S.3d 73 [1st Dept. 2018], lv denied 32 N.Y.3d 917, 2019 WL 757672 [2019] ). The record does not support his claim that he was prevented from participating.