Appeal by the defendant from an order of the Supreme Court, Kings County (Sullivan, J.), dated August 12, 2011, which, after a hearing, designated him a level two 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 (Correction Law art 6-C), the defendant was designated a level two sex offender. The defendant’s contention that he was improperly assessed 15 points under risk factor 12 (“acceptance of responsibility”) on the ground that he refused to participate in sex offender treatment because his direct appeal was pending at that time, is preserved for appellate review (see People v Fryer, 101 AD3d 835 [2012]). The defendant’s remaining contentions regarding this risk factor are unpreserved for appellate review since he failed to raise those grounds before the Supreme Court (see id..). In any event, all of the defendant’s contentions are without merit. The People presented clear and convincing evidence that the defendant refused to participate in sex offender treatment while incarcerated (see People v Barclay, 107
Accordingly, the Supreme Court properly assessed the defendant 15 points under risk factor 12 in adjudicating him a level two sex offender. Mastro, J.E, Rivera, Leventhal and Chambers, JJ., concur.