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PEOPLE v. SEPULVEDA

Ind. No. 5365/10. Appeal No. 11963. Case No. 2011-02568.

187 A.D.3d 448 (2020)

129 N.Y.S.3d 787

2020 NY Slip Op 05464

The People of the State of New York, Respondent, v. Raymundo Sepulveda, Appellant.

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

Decided October 6, 2020.

The court's assessment of 15 points under the risk factor for drug or alcohol abuse was supported by clear and convincing evidence. Defendant's abstinence, while incarcerated, from using substances that are prohibited in prison was insufficient to predict his postrelease behavior (see People v Gonzalez, 48 A.D.3d 284, 285 [1st Dept 2008], lv denied 10 N.Y.3d 711 [2008]).

The court also properly assessed 15 points under...

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