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PEOPLE v. GREENE

4779, 1405/03.

154 A.D.3d 583 (2017)

61 N.Y.S.3d 902

2017 NY Slip Op 07401

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT GREENE, Appellant.

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

Decided October 24, 2017.

The court's point assessment for defendant's history of substance abuse was supported by clear and convincing evidence, including defendant's multiple prior drug convictions (see People v Wilkens, 33 A.D.3d 399 [1st Dept 2006], lv denied 8 N.Y.3d 801 [2007]) and his infraction for drug use while incarcerated. The drug related convictions were not remote in time, given defendant's intervening incarceration (People v Gonzalez...

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