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PEOPLE v. ZAPATA

4749, 1630/96.

83 A.D.3d 606 (2011)

920 N.Y.S.2d 910

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGELO ZAPATA, Appellant.

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

Decided April 28, 2011.

The court incorrectly assessed 15 points under the risk factor of history of substance abuse, since the People's proof in relation to this factor did not meet the clear and convincing evidence standard (see People v Irizarry, 36 A.D.3d 473 [2007]). Without the improperly assessed points, defendant qualifies as a level...

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