PEOPLE v. MARCUS


36 A.D.3d 468 (2007)

831 N.Y.S.2d 108

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY MARCUS, Appellant.

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

Decided January 11, 2007.


The court properly assessed 15 points for drug abuse, since defendant's possession of crack cocaine immediately after his discharge from parole supervision, when he was no longer facing drug testing, and less than two years before his reclassification hearing, was not excessively remote (see People v Wilkens, 33 A.D.3d 399 [2006]). The court properly concluded that defendant's present circumstances did not warrant a downward departure...

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