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PEOPLE v. HOSEAR

4146. 9335/91.

151 A.D.3d 416 (2017)

2017 NY Slip Op 04364

52 N.Y.S.3d 858

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOLLIS HOSEAR, Appellant.

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

Decided June 1, 2017.

Defendant failed to meet his burden under Correction Law § 168-o of presenting clear and convincing evidence that a downward modification of his risk level is warranted (see People v Torres, 120 A.D.3d 1126 [1st Dept 2014], lv denied 24 N.Y.3d 911 [2014]). Defendant did not establish a prolonged abstinence from substance abuse, because all but a relatively short portion of the period...

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