People v. DeCastro
Cases that cite this one
14 later published cases cite this decision.
- People v. Braxton (Appellate Division of the Supreme Court of New York 2020)
- People v. Thompson (Appellate Division of the Supreme Court of New York 2020)
- People v. Staton (Appellate Division of the Supreme Court of New York 2020)
- People v. Diaz (Appellate Division of the Supreme Court of New York 2019)
- People v. Padgett (Appellate Division of the Supreme Court of New York 2019)
- People v. Quinones (Appellate Division of the Supreme Court of New York 2018)
- People v. Rosario (Appellate Division of the Supreme Court of New York 2018)
- People v. Maldonado (Appellate Division of the Supreme Court of New York 2017)
- People v. George (Appellate Division of the Supreme Court of New York 2016)
- People v. Brown (Appellate Division of the Supreme Court of New York 2015)
- People v. Watson (Appellate Division of the Supreme Court of New York 2013)
- People v. Watson (Appellate Division of the Supreme Court of New York 2013)
- People v. Grigg (Appellate Division of the Supreme Court of New York 2013)
- People v. Grigg (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Contrary to the appellant’s contention, the Supreme Court properly determined that he was correctly assessed 15 points under risk factor 12 by the Board of Examiners of Sex Offenders based upon his refusal to accept appropriate sex offender treatment. Although the appellant maintains that he should have received a partial assessment of only 5 points under this category because his refusal to attend treatment was motivated by a desire to avoid shame and humiliation while in prison rather than by a denial of culpability for his crime, risk factor 12 of the risk assessment instrument “do[es] not provide for [such] midrange scoring” (People v Smith, 78 AD3d 917, 918 [2010]). In any event, since the language of the risk assessment instrument pertaining to risk factor 12 indicates that a refusal to participate in a sex offender treatment program automatically demonstrates an unwillingness to accept responsibility for the crime, the appellant’s contention in this regard is unavailing.
The appellant’s remaining contention is without merit. Mastro, J.P., Angiolillo, Sgroi and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.