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PEOPLE v. CRUZ

1268, 30195/14.

139 A.D.3d 601 (2016)

34 N.Y.S.3d 5

2016 NY Slip Op 04103

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS CRUZ, Appellant.

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

Decided May 26, 2016.

The court correctly assessed 15 points under the risk factor for history of drug or alcohol abuse. Defendant's three drug convictions were not unduly remote in time. Defendant's alleged prolonged abstinence from drugs is an unreliable predictor of his risk of reoffense, or his potential threat to public safety, because defendant was incarcerated for most of the intervening time (see People v Watson, 112...

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