PEOPLE v. HARRISON

Nos. 7728, 6501/04, 7729.

95 A.D.3d 686 (2012)

943 N.Y.S.2d 891

2012 NY Slip Op 3956

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATHANIEL HARRISON, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 22, 2012.


The record supports the assessment of points for defendant's history of drug abuse (see e.g. People v Wilkens, 33 A.D.3d 399 [2006], lv denied 8 N.Y.3d 801 [2007]). In any event, regardless of whether defendant's correct point score is 95 or 80, there is no basis for a discretionary downward departure to level one (see People v Mingo, 12 N.Y.3d 563, 568 n 2 [2009]; People v Johnson...

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