People v. Kelly

Clear and convincing evidence supports the court’s assessment of 15 points under the risk factor for history of drug or alcohol abuse. Defendant identified himself to the Department of Correctional Services as a person in need of treatment for a substance abuse problem, and not merely a casual user of drugs and alcohol, and this admission led to his placement in a substance abuse program (see People v Schlau, 60 AD3d 529 [2009], lv denied 12 NY3d 712 [2009]). Defendant’s present explanations for his acknowledgment of substance abuse are speculative. Defendant also relies on the report of a…