PEOPLE v. SOSTENES

9618, 2173/09.

173 A.D.3d 512 (2019)

100 N.Y.S.3d 524

2019 NY Slip Op 04771

The People of the State of New York, Respondent, v. Francisco Sostenes, Appellant.

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

Decided June 13, 2019.


The court properly assessed 15 points under the risk factor for failure to accept responsibility, based on defendant's failure to complete a sex offender treatment program as well as his statements tending to negate his guilt. The record also supports the court's discretionary upward departure, based on clear and convincing evidence establishing the existence of aggravating factors not adequately accounted for in the risk assessment instrument (see People v Gillotti,<...

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