Ordered that the order is affirmed, without costs or disbursements.
The defendant was convicted of possessing an obscene sexual performance of a child and sentenced to time served plus 10 years of probation. The defendant initially was designated a level one sex offender. When the defendant violated the terms of his probation, the People of the State of New York petitioned pursuant to Correction Law § 168-o (3) for an upward modification of his risk level...
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