The court incorrectly assessed 15 points under the risk factor of history of drug abuse, since the People's proof did not establish that factor by clear and convincing evidence ( see People v Collazo, 7 AD3d 595). The only evidence relating to drag abuse consisted of defendant's 1997 conviction of criminal possession of a controlled substance in the seventh degree, and his 1983 conviction of disorderly conduct arising out of a misdemeanor drug arrest. Both convictions were excessively remote under the circumstances, and the 1983 conviction was not even a drug conviction. The People offered no other evidence, whether in the form of a probation report or otherwise, to demonstrate that defendant had a substance abuse problem. Without the improperly assessed points, defendant qualifies as a level two offender.