Prior to his release on parole from a conviction of sodomy in the second degree, the Board of Examiners of Sex Offenders recommended that defendant be classified as a risk level III sex offender pursuant to the Sex Offender Registration Act (see Correction Law art 6-C), even though the risk assessment instrument indicated that risk level II was the presumptive category in which defendant should be placed. After a hearing, County Court followed the Board's recommendation...
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