In People v. Washington, 84 AD3d 910, 923 N.Y.S.2d 151 (2d Dept 2011), appeal dismissed 17 N.Y.3d 849, 954 N.E.2d 1169, 930 N.Y.S.2d 543 (2011) defendant asserted his participation and achievement in a prison sex offender treatment program was exemplary.

County Court was held to have erred in declining to downwardly depart on the ground that participation in such a treatment program was adequately taken into consideration in the categories of acceptance of responsibility and conduct while incarcerated.