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PEOPLE v. BEAKER

4223. 2431/01.

151 A.D.3d 501 (2017)

2017 NY Slip Op 04569

53 N.Y.S.3d 543

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY BEAKER, Appellant.

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

Decided June 8, 2017.

The court properly assessed 15 points under the risk factor for drug or alcohol abuse, based on the presentence report regarding an earlier conviction and information in the case summary (see e.g. People v Johnson, 77 A.D.3d 548 [1st Dept 2010], lv denied 16 N.Y.3d 705 [2011]). In any event, regardless of whether defendant's correct point score is 130 or 115 points, he remains a level three...

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