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People v. Van Phu Bui
Citations: 2017 NY Slip Op 8614; 156 A.D.3d 448; 64 N.Y.S.3d 534Docket: 5166 1143/95
Court: Appellate Division of the Supreme Court of the State of New York; December 6, 2017; New York; State Appellate Court
Original Court Document: View Document
Order affirmed adjudicating Van Phu Bui as a level three sexually violent offender under the Sex Offender Registration Act. The Appellate Division upheld the Supreme Court's decision from December 3, 2014, which properly assessed points for the defendant's history of drug and alcohol abuse based on his admissions to probation officials about periodic alcohol use and marijuana smoking at the time of the offense. The court found clear and convincing evidence of such abuse, aligning with standards in prior case law. Additionally, the court did not grant a downward departure, determining that the mitigating factors presented by the defendant were either adequately considered by the risk assessment instrument or were outweighed by the severity of the crime. The decision stands without costs.