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PEOPLE v. ARVELO

3342, 1565/03.

77 A.D.3d 452 (2010)

908 N.Y.S.2d 400

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFREDO ARVELO, 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. Although defendant pleaded guilty to that crime, he refused to be interviewed by the Department of Probation which indicates a failure of genuine acceptance of responsibility. Furthermore, while the court did not use the phrase upward departure, its ruling includes statements which indicate that it believed defendant's overall...

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