PEOPLE v. BIRCH

8163, 627/01.

99 A.D.3d 422 (2012)

952 N.Y.S.2d 10

2012 NY Slip Op 6565

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KYLE BIRCH, Appellant.

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

October 2, 2012.


The court properly assessed 15 points under the risk factor for drug or alcohol abuse, because defendant's crimes were committed while under the influence of drugs and alcohol, and the evidence of such use was not excessively remote. Defendant's "abstinence," while incarcerated, from using substances that are prohibited in prison was insufficient to predict his postrelease behavior (see People v Gonzalez, 48 A.D.3d 284, 285 [2008...

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