ALBANY – One-time or occasional use of alcohol or drugs by a sex offender does not constitute a "history" of substance abuse for assessing the risk posed by the offender, the state Court of Appeals has ruled.

The court also decided on Feb. 12 that a sentencing judge is under no obligation to tell defendants prior to their plea allocutions that their conviction for a second felony offense would mean they have to serve time consecutively for any undischarged sentence from their first conviction.