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PEOPLE v. NELSON

2432, 554/06.

145 A.D.3d 498 (2016)

2016 NY Slip Op 08308

41 N.Y.S.3d 883

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROLAND NELSON, Appellant.

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

Decided December 8, 2016.

The court providently assessed 15 points under the risk factor for drug abuse, because defendant was found to have possessed drugs while in prison and admitted that he had previously used cocaine and marijuana (see People v Palmer, 20 N.Y.3d 373 [2013]). Furthermore, regardless of whether his correct point score is 85 or 100, he remains a level two offender, and there is no basis for a downward departure (see People v Gillotti...

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