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PEOPLE v. WEBER

2432/13. 5696. 5695.

158 A.D.3d 498 (2018)

69 N.Y.S.3d 54

2018 NY Slip Op 01034

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SPENCER WEBER, Appellant.

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

Decided February 13, 2018.

As to the appeal from the judgment of conviction, we perceive no basis for reducing the sentence.

As to defendant's civil appeal from his sex offender adjudication, the People failed to establish by clear and convincing evidence that defendant should be assessed points for abusing drugs (see People v Palmer, 20 N.Y.3d 373, 378-379 [2013]). There was evidence that defendant possessed bags of marijuana at the time of the instant...

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