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People v. Valentin

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 9, 2008

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
EDDIE VALENTIN, DEFENDANT-APPELLANT.

Order, Supreme Court, New York County (Renee Allyn White, J.), entered on or about June 27, 2006, which adjudicated defendant a level two sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Gonzalez, Nardelli, Moskowitz, Renwick, JJ.

671/04

The court assessed a total of 70 points, which is just below the threshold for a level two adjudication, and then departed upward to level two. The court properly assessed 15 points under the risk factor for drug or alcohol abuse, since defendant had a long history of drug possession convictions that was not excessively remote in time and he had not sufficiently demonstrated a prolonged period of abstinence (see e.g. People v Warren, 42 AD3d 593, 594 [2007], lv denied 9 NY2d 810 [2007]; People v Regan, 46 AD3d 1434). The upward departure was supported by clear and convincing evidence of defendant's mental illness, noncompliance with his medication regimen, and his resulting behavior when not medicated (see People v Roland, 272 AD2d 271 [2002], lv denied 98 NY2d 614 [2002]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081209

© 1992-2008 VersusLaw Inc.



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