PEOPLE v. WALKER

3336, 4682/76.

77 A.D.3d 450 (2010)

908 N.Y.S.2d 572

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN WALKER, Appellant.

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

Decided October 12, 2010.


The court properly assessed 10 points for defendant's failure to accept responsibility for his sex offense. The circumstances of defendant's plea and sentencing, viewed as a whole, do not demonstrate a genuine acceptance of responsibility (see People v Marinconz, 178 Misc.2d 30, 34-35 [Sup Ct, Bronx County 1998]). The record also supports the court's conclusion that a discretionary upward departure would have been appropriate...

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