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PEOPLE v. GONZALEZ

48 A.D.3d 226 (2008)

849 N.Y.S.2d 774

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO GONZALEZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 5, 2008.

The court properly assessed points for the risk factor of failure to accept responsibility. The court had also presided at the time of defendant's guilty plea and sentencing with regard to the underlying sex crime. After a thorough hearing pursuant to People v Hicks (98 N.Y.2d 185 [2002]), the court had imposed an enhanced sentence on the ground that defendant had violated his plea agreement by failing to cooperate with the Department...

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