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PEOPLE v. RAMOS

Ind. No. 3112/16. Appeal No. 15332. Case No. 2020-00366.

202 A.D.3d 572 (2022)

159 N.Y.S.3d 676

2022 NY Slip Op 01101

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

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

Decided February 17, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Alma D. Gonzalez of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Nicole Neckles of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Mazzarelli, Friedman, Mendez, JJ.

The point assessments at issue were supported by clear and convincing evidence. The court properly assessed points under the risk factor for drug abuse, based on defendant's admissions. Defendant's use of marijuana was not merely occasional or moderate (see People v Palmer, 20 N.Y.3d 373, 378-379 [2013]), but abusive because he admitted he smoked all day long every day and was referred to a substance abuse program (see People...

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