PEOPLE v. MORALES

5412, 1987/13.

157 A.D.3d 475 (2018)

66 N.Y.S.3d 432

2018 NY Slip Op 00114

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL MORALES, Appellant.

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

Decided January 9, 2018.


The court correctly assessed 10 points for unsatisfactory conduct while confined, based on defendant's two recent tier III disciplinary infractions. These serious infractions were not remote in time, and the record fails to support defendant's remaining arguments against this assessment. Defendant's argument that the court improperly assessed 15 points for failure to accept responsibility is unpreserved and unavailing.

The court providently exercised its discretion...

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