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PEOPLE v. RODRIGUEZ

16374, 4455/05.

134 A.D.3d 492 (2015)

19 N.Y.S.3d 894

2015 NY Slip Op 09177

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SONNY RODRIGUEZ, Appellant.

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

Decided December 10, 2015.

Clear and convincing evidence supported the court's assessment of 15 points for defendant's history of substance abuse in light of proof showing his extensive use of alcohol and marijuana for a period 12 years, which included the time when he abused the victim (see People v Palmer, 20 N.Y.3d 373, 377-379 [2013]). Defendant's substance abuse went well beyond social or occasional...

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