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PEOPLE v. MARTINEZ

570630/15.

143 A.D.3d 563 (2016)

2016 NY Slip Op 06867

40 N.Y.S.3d 45

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MITCHELL MARTINEZ, Appellant.

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

Decided October 20, 2016.

The court erred in assessing five points under the risk factor for a history of drug abuse, since only an assessment of 15 or 0 points under this factor is authorized by the Risk Assessment Guidelines and Commentary (see People v Smith, 78 A.D.3d 917, 918 [2d Dept 2010], lv denied 16 N.Y.3d 707 [2011]). Moreover, the court improperly exercised...

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