The People of the State of New York, Respondent, v. Eric Quinones, Appellant

The People of the State of New York, Respondent, v Eric Quinones, Appellant. [66 NYS3d 643] [MAJORITY] Appeal by the defendant from an order of the County Court, Suffolk County (Barbara Kahn, J.), dated February 7, 2017, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C. Ordered that the order is affirmed, without costs or disbursements. In this proceeding pursuant to the Sex Offender Registration Act (see Correction Law art 6-C), the defendant was designated a level three sex offender. Contrary to the defendant’s contention, the County Court properly assessed 15 points under risk factor 12 (acceptance of responsibility). The defendant’s refusal to participate in a sex offender treatment program automatically demonstrates an unwillingness to accept responsibility for the crime (see People v Grigg, 112 AD3d 802, 803 [2013]; People v DeCastro, 101 AD3d 693, 693 [2012]). While the defendant contended that he refused to participate in treatment while incarcerated because he believed that he would be better served by attending a program when he was released, and that he planned to attend such a program, “[r]easons for not participating in sex offender treatment are only relevant in considering a request for a downward departure” (People v Grigg, 112 AD3d at 803). Further, the defendant’s contention that he is entitled to a downward departure, which is made for the first time before this Court, is unpreserved for appellate review and, in any event, without merit (see People v Sweat, 147 AD3d 802, 802 [2017]). Chambers, J.P., Cohen, Barros and Christopher, JJ., concur.