People v. Birch

*423The court properly assessed 15 points under the risk factor for drug or alcohol abuse, because defendant’s crimes were committed while under the influence of drugs and alcohol, and the evidence of such use was not excessively remote. Defendant’s “abstinence,” while incarcerated, from using substances that are prohibited in prison was insufficient to predict his post-release behavior (see People v Gonzalez, 48 AD3d 284, 285 [2008], lv denied 10 NY3d 711 [2008]).

The court properly assessed 20 points under the risk factor for unsatisfactory conduct, including sexual misconduct, while confined.…