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9688[M-966]. IN RE HAMILTON EQUITIES, INC., ET AL., pet, v. HON. LUCINDO SUAREZ, ETC., res — THE ABOVE-NAMED PETITIONERS HAVING PRESENTED AN APPLICATION TO THIS COURT PRAYING FOR AN ORDER, PURSUANT TO ARTICLE 78 OF THE CIVIL PRACTICE LAW AND RULES, AND SAID PROCEEDING HAVING BEEN ARGUED BY COUNSEL FOR THE RESPECTIVE PARTIES, AND DUE DELIBERATION HAVING BEEN HAD THEREON, AND UPON THE STIPULATION OF THE PARTIES HERETO DATED MARCH 20, 2013, IT IS UNANIMOUSLY ORDERED THAT THE APPLICATION BE AND THE SAME HEREBY IS DEEMED WITHDRAWN IN ACCORDANCE WITH THE TERMS OF THE AFORESAID STIPULATION. FRIEDMAN, J.P., SWEENY, RENWICK, RICHTER, ROM?N, JJ. 9689PEOPLE, res, v. DOROM YOMTOV, def-ap — Steven Banks, The Legal Aid Society, New York (Amy Donner of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Grace Vee of counsel), for res — Order, Supreme Court, New York County (John Cataldo, J.), entered on or about December 18, 2008, which adjudicated defendant a level two sexually violent offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly assessed 10 points under the risk factor for failing to accept responsibility. Defendant made efforts to shift blame to the child victim that evinced a lack of genuine acceptance of responsibility (see People v. Teagle, 64 AD3d 549 [2d Dept 2009]; People v. Baker, 57 AD3d 1472 [4th Dept 2008], lv denied 12 NY3d 706 [2009]).

 
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