Ordered that the order is affirmed, without costs or disbursements.
The defendant pleaded guilty to rape in the second degree and was assigned a presumptive risk level II sex offender designation (see Correction Law § 168-l). He contends that the court should have exercised its discretion and departed from this designation down to a risk level I (see Correction Law § 168-m).
Although a court is empowered to exercise its discretion...
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