PEOPLE v. OMARO

Ind. No. 4398/78. Appeal No. 15383. Case No. 2019-4422.

202 A.D.3d 632 (2022)

159 N.Y.S.3d 856

2022 NY Slip Op 01252

The People of the State of New York, Respondent, v. Derrick Omaro, Appellant.

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

Decided February 24, 2022.


Attorney(s) appearing for the Case

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

Alvin L. Bragg, Jr. , District Attorney, New York ( Meghan McLoughlin of counsel), for respondent.

Concur—Webber, J.P., Kern, Moulton, González, Mendez, JJ.


Clear and convincing evidence supported the court's assessment of 15 points for nonacceptance of responsibility. Defendant's denial of guilt, made in a presentence interview following his underlying conviction, supported at least a 10-point assessment for general failure to accept responsibility. Defendant's recent letter seeking release on parole, which expressed some general remorse but still minimized his guilt, did not qualify as a genuine acceptance of responsibility...

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