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PEOPLE v. HERNAIZ

2015-05569.

152 A.D.3d 803 (2017)

2017 NY Slip Op 05859

60 N.Y.S.3d 73

THE PEOPLE OF STATE OF NEW YORK, Respondent, v. RAYMOND HERNAIZ, Appellant.

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

Decided July 26, 2017.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendant's contention, the Supreme Court properly assessed 15 points under risk factor 11 (drug or alcohol abuse). The assessment of these points was supported by clear and convincing evidence in the record, including the defendant's statements in the presentence report (see People v Villanueva, 143 A.D.3d 794

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