Opinion
10-24-2017
The PEOPLE of the State of New York, Respondent, v. Albert GREENE, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Rachel L. Pecker of Counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Meaghan L. Powers of Counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Rachel L. Pecker of Counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Meaghan L. Powers of Counsel), for respondent.
The court's point assessment for defendant's history of substance abuse was supported by clear and convincing evidence, including defendant's multiple prior drug convictions (see People v. Wilkens, 33 A.D.3d 399, 822 N.Y.S.2d 79 [1st Dept.2006], lv. denied 8 N.Y.3d 801, 828 N.Y.S.2d 292, 861 N.E.2d 108 [2007] ) and his infraction for drug use while incarcerated. The drug related convictions were not remote in time, given defendant's intervening incarceration ( People v. Gonzalez, 48 A.D.3d 284, 852 N.Y.S.2d 71 [1st Dept.2008], lv. denied 10 N.Y.3d 711, 860 N.Y.S.2d 483, 890 N.E.2d 246 [2008] ).
We find it unnecessary to reach defendant's remaining claim, upon which the court did not rule, and which would not affect the level three designation.
FRIEDMAN, J.P., RICHTER, ANDRIAS, GISCHE, and MOULTON, JJ., concur.