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PEOPLE v. IRIZARRY

36 A.D.3d 473 (2007)

827 N.Y.S.2d 152

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN IRIZARRY, Appellant.

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

Decided January 11, 2007.

The court incorrectly assessed 15 points under the risk factor of history of drug abuse, since the People's proof did not establish that factor by clear and convincing evidence (see People v Collazo, 7 A.D.3d 595 [2004]). The only evidence relating to drug abuse consisted of defendant's 1997 conviction of criminal possession of a controlled substance in the seventh degree, and his 1983 conviction of disorderly conduct arising out...

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