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PEOPLE v. SCHLAU

60 A.D.3d 529 (2009)

875 N.Y.S.2d 469

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES SCHLAU, Appellant.

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

Decided March 19, 2009.

The court properly assessed defendant 15 points for history of drug or alcohol abuse based on his admissions to correctional officials and the results of a diagnostic assessment (see People v Reyes, 48 A.D.3d 267, 268 [2008], lv denied 10 N.Y.3d 711 [2008]). The evidence of a single recent negative test for substance abuse, following defendant's extensive periods of incarceration, was insufficient to predict his behavior when...

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