PEOPLE v. KELLY

2026, 4411/02

69 A.D.3d 498 (2010)

893 N.Y.S.2d 51

2010 NY Slip Op 395

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENJAMIN KELLY, Appellant.

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

Decided January 21, 2010.


Clear and convincing evidence supports the court's assessment of 15 points under the risk factor for history of drug or alcohol abuse. Defendant identified himself to the Department of Correctional Services as a person in need of treatment for a substance abuse problem, and not merely a casual user of drugs and alcohol, and this admission led to his placement in a substance abuse program (see People v Schlau, 60 A.D.3d 529 [2009...

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