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PEOPLE v. DIAZ

3982, 3983, 6176/07.

80 A.D.3d 432 (2011)

913 N.Y.S.2d 555

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE DIAZ, Appellant.

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

Decided January 4, 2011.

The court properly assessed points under the risk factor for drug abuse, based on defendant's statements contained in his presentence report. In any event, even without that assessment, defendant would remain a level two offender, and we find no basis for a discretionary downward departure (see People v Mingo, 12 N.Y.3d 563, 568 n 2 [2009]; People v Johnson, 11 N.Y.3d 416

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