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PEOPLE v. SMALLS

7165. 2298/12.

164 A.D.3d 1185 (2018)

82 N.Y.S.3d 708

2018 NY Slip Op 06321

The People of the State of New York, Respondent, v. Matthew Smalls, Appellant.

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

Decided September 27, 2018.

Defendant's challenges to point assessments that were based on a prior youthful offender adjudication are unavailing in light of People v Francis (30 N.Y.3d 737 [2018]). The court also correctly assessed points for a history of drug abuse, based on defendant's admissions and criminal history (see e.g. People v Fernandez, 126 A.D.3d 453 [1st Dept...

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