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PEOPLE v. VAN PHU BUI

5166. 1143/95.

156 A.D.3d 448 (2017)

64 N.Y.S.3d 534

2017 NY Slip Op 08614

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VAN PHU BUI, Appellant.

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

Decided December 7, 2017.

The court properly assessed points for a history of drug or alcohol abuse, based upon defendant's admission to probation officials (see e.g. People v Kelly, 69 A.D.3d 498 [1st Dept 2010]) that he periodically abused alcohol and was smoking marijuana at the time of the underlying offense. There was clear and convincing evidence of such abuse, satisfying the standard set forth in People v Palmer (20 N.Y.3d 373...

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