People v. Novoa
This text of 57 A.D.3d 231 (People v. Novoa) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The court properly assessed points under the risk factor for drug and alcohol abuse, based on extensive evidence of persistent drug use including defendant’s own admissions to the Probation Department (see People v Conway, 47 AD3d 492 [2008], lv denied 10 NY3d 708 [2008]; People v Arnold, 35 AD3d 827 [2006], lv denied 9 NY3d 813 [2007]), and it providently exercised its discretion in declining to grant a downward departure (see People v Guaman, 8 AD3d 545 [2004]). Defendant’s remaining contention is without merit. Concur — Tom, J.E, Nardelli, McGuire, Acosta and DeGrasse, JJ.
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Cite This Page — Counsel Stack
57 A.D.3d 231, 867 N.Y.2d 680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-novoa-nyappdiv-2008.