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PEOPLE v. LINEBERGER

4185, 4389/07.

81 A.D.3d 439 (2011)

915 N.Y.S.2d 561

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BARRY LINEBERGER, Appellant.

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

Decided February 3, 2011.

The People met their burden of establishing, by clear and convincing evidence, risk factors bearing sufficient total points to support a level three sex offender adjudication. The court properly assessed 15 points for the risk factor of history of drug or alcohol abuse, based on defendant's extensive history of drug use (see People v Warren, 42 A.D.3d 593, 594 [2007], lv denied 9 N.Y.3d 810 [2007]).

Defendant...

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