AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES SCHLAU, Appellant.

The court properly assessed defendant 15 points for history of drug or alcohol abuse based on his admissions to correctional officials and the results of a diagnostic assessment ( see People v Reyes, 48 AD3d 267, 268, lv denied 10 NY3d 711). The evidence of a single recent negative test for substance abuse, following defendant's extensive periods of incarceration, was insufficient to predict his behavior when no longer under supervision ( see People v Gonzalez, 48 AD3d 284, lv denied 10 NY3d 711).

The court properly found clear and convincing evidence of aggravating factors supporting the court's discretionary upward departure. The risk assessment instrument did not adequately account for the full extent of defendant's prior record ( see People v Wilkens, 33 AD3d 399, lv denied 8 NY3d 801) and the serious circumstances of the current offense requiring registration ( see People v Ellis, 52 AD3d 1272, lv denied 11 NY3d 707).

Use AI to get other relevant cases.

Comments

PEOPLE v. SCHLAU
(Mar 19, 2009)