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PEOPLE v. NOVOA

57 A.D.3d 231 (2008)

867 N.Y.S.2d 680

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. YEHIDIE F. NOVOA, Appellant.

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

December 2, 2008.

The court properly assessed points under the risk factor for drug and alcohol abuse, based on extensive evidence of persistent drug use including defendant's own admissions to the Probation Department (see People v Conway, 47 A.D.3d 492 [2008], lv denied 10 N.Y.3d 708 [2008]; People v Arnold, 35 A.D.3d 827 [2006], lv denied 9 N.Y.3d 813 [2007]), and it providently exercised...

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