Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant is designated a level one sex offender.
The defendant was convicted of rape in the second degree (see Penal Law § 130.30 [1]), upon his plea of guilty. It is undisputed that the victim's lack of consent was solely by reason of inability to consent because of her age. At a subsequent risk assessment hearing pursuant to the Sex Offender Registration Act (Correction...
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