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PEOPLE v. BAYRON

Ind. No. 2682/11. Appeal No. 13543. Case No. 2021-00391.

193 A.D.3d 483 (2021)

144 N.Y.S.3d 191

2021 NY Slip Op 02223

The People of the State of New York, Respondent, v. Rafael Bayron, Appellant.

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

Decided April 8, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Simon Greenberg of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Molly Morgan of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, González, Mendez, JJ.

The court should not have assessed 15 points for lack of acceptance of responsibility based on defendant's removal from sex offender treatment due to "poor progress and participation." Defendant's removal was "not tantamount to a refusal to participate in treatment" (People v Hart, 171 A.D.3d 497, 497 [1st Dept 2019], lv denied 33 N.Y.3d 912 [2019]). Moreover, defendant admitted his guilt of the underlying offense and accepted responsibility. Nevertheless, even...

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