People v. Birch
Opinion of the Court
The court properly assessed 20 points under the risk factor for unsatisfactory conduct, including sexual misconduct, while confined. Defendant’s prison disciplinary record provided clear and convincing evidence that he repeatedly engaged in lewd behavior directed at female personnel.
Regardless of whether points should have been assessed under the risk factor for failure to accept responsibility, defendant would still be a level three offender, and we find no basis for a discretionary downward departure to level two (see People v Pettigrew, 14 NY3d 406, 409 [2010]). Concur — Friedman, J.P., Acosta, Renwick, Richter and Abdus-Salaam, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.