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PEOPLE v. FYALL

64 A.D.3d 417 (2009)

881 N.Y.S.2d 296

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PARIS FYALL, Appellant.

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

Decided July 2, 2009.

Clear and convincing evidence supported the assessment of 15 points for the risk factor of drug or alcohol abuse. With this assessment, defendant qualifies as a level three offender without an upward departure. In any event, the record also supports the court's upward departure, based on aggravating factors that were established by clear and convincing evidence and were not adequately taken into account by the risk assessment instrument...

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