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PEOPLE v. WOODWARD

Ind. No. 4305/00. Appeal No. 14244. Case No. 2020-00754.

197 A.D.3d 1075 (2021)

152 N.Y.S.3d 291

2021 NY Slip Op 05178

The People of the State of New York, Respondent, v. Shawn Woodward, Appellant.

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

Decided September 30, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Molly Schindler of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Meghan McLoughlin of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Oing, Rodriguez, Higgitt, JJ.

The court properly assessed defendant 15 points under the risk factor for drug and alcohol abuse (see generally People v Palmer, 20 N.Y.3d 373, 378-379 [2013]). Defendant's admission to correction officials that he had abused marijuana and alcohol, his failure to complete alcohol treatment while in prison, and his accrual of six tier III violations for drugs or alcohol abuse while in prison constituted clear and convincing

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