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PEOPLE v. HART

8937, 6351/08.

171 A.D.3d 497 (2019)

95 N.Y.S.3d 804

2019 NY Slip Op 02656

The People of the State of New York, Respondent, v. Jason Hart, Appellant.

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

Decided April 9, 2019.

The court properly assessed defendant 15 points under the risk factor for drug or alcohol abuse. Defendant's admissions of his extensive history of substance abuse provided clear and convincing evidence, satisfying the standard set forth in People v Palmer (20 N.Y.3d 373, 378-379 [2013]). The court also properly assessed 10 points under the risk factor for conduct while confined, based...

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