The court properly assessed 15 points for a history of drug or alcohol abuse. Defendant's statements to correction officials that he was under the influence of the alcohol and marijuana at the time of the offense, and that he abused those substances, which led him to be referred to a substance abuse program, constituted clear and convincing evidence supported a finding of drug and alcohol abuse (see People v Palmer,
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PEOPLE v. SANDOVAL
10012, 2907/09.
176 A.D.3d 448 (2019)
107 N.Y.S.3d 849
2019 NY Slip Op 07214
The People of the State of New York, Respondent, v. Ruben Sandoval, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided October 8, 2019.
Decided October 8, 2019.
Attorney(s) appearing for the Case
Janet E. Sabel , The Legal Aid Society, New York ( Adrienne M. Gantt of counsel), for appellant.
Darcel D. Clark , District Attorney, Bronx ( Jennifer L. Gray of counsel), for respondent.
Concur—Friedman, J.P., Sweeny, Richter, Mazzarelli, Webber, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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