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PEOPLE v. BAEZ

Ind. No. 1485/19. Appeal No. 14742. Case No. 2020-01687.

200 A.D.3d 430 (2021)

154 N.Y.S.3d 765

2021 NY Slip Op 06771

The People of the State of New York, Respondent, v. Carlos Baez, Appellant.

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

The Bronx Defenders, Bronx ( Daniel Hamburg of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Daniel J. Young of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Kern, Gesmer, Kennedy, JJ.

The People failed to establish by clear and convincing evidence that defendant should have been scored 15 points for drug or alcohol abuse (see People v Palmer, 20 N.Y.3d 373, 378-379 [2013]; People v Weber, 158 A.D.3d 498 [1st Dept 2018], lv denied 31 N.Y.3d 1089 [2018]). Defendant admitted to occasional marijuana use, and there is no evidence...

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