PEOPLE v. GONZALEZ


48 A.D.3d 284 (2008)

852 N.Y.S.2d 71

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUBEN GONZALEZ, Appellant.

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

Decided February 14, 2008.


The court's assessment of 15 points for the risk factor of history of drug or alcohol abuse was supported by clear and convincing evidence. Reliable documentary evidence relating to defendant's incarceration, as well as his own admissions, established that he had been diagnosed as chemically dependent and treated for substance abuse. We reject defendant's argument that this history is excessively remote. Defendant served approximately eight years in prison and had only been...

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