PEOPLE v. HOWARD

2019-11042.

190 A.D.3d 773 (2021)

135 N.Y.S.3d 869

2021 NY Slip Op 00195

The People of the State of New York, Respondent, v. Theodore D. Howard, Appellant.

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

Decided January 13, 2021.


Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( David L. Goodwin of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Jean M. Joyce , and Arieh Schulman of counsel), for respondent.

Chambers, J.P., LaSalle, Barros and Christopher, JJ., concur.


Ordered that the order is affirmed.

Contrary to the defendant's contention, the Supreme Court properly assessed 15 points under risk factor twelve based on the defendant's refusal to participate in sex offender treatment while incarcerated. Although the defendant's appeal from the underlying conviction was pending at the time he refused to participate in treatment, he did not attempt to withdraw or vacate his plea of guilty on appeal and only sought a reduction in...

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