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PEOPLE v. PADILLA

12244 4215/09

116 A.D.3d 566 (2014)

983 N.Y.S.2d 725

2014 NY Slip Op 2681

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OSCAR PADILLA, Appellant.

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

Decided April 17, 2014.

Clear and convincing evidence supported the court's assessment of 15 points for defendant's history of substance abuse, since defendant admitted to regular use of ecstasy, marijuana and alcohol. We reject defendant's argument that the use of these illegal substances is akin to occasional social drinking (see People v Palmer, 20 N.Y.3d 373 [2013]). Clear and convincing evidence likewise supported the court's assessment of 20 points...

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