PEOPLE v. KENNEDY

2016-03747.

160 A.D.3d 671 (2018)

74 N.Y.S.3d 300

2018 NY Slip Op 02348

The People of State of New York, Respondent, v. Tyshawn Kennedy, Appellant.

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

Decided April 4, 2018.


Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendant's contention, the Supreme Court properly assessed 10 points under risk factor 12 for his failure to accept responsibility for his criminal conduct. The defendant's post-plea statement to the Probation Department in which he denied his guilt and claimed that he only pleaded guilty to avoid a trial provided clear and convincing evidence that the defendant had not genuinely...

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