In adjudicating defendant a level three sex offender, the court properly assessed 30 points under the "Use of Violence" category of the Risk Assessment Guidelines established by the Board of Examiners of Sex Offenders. In making such a determination, "[f]acts previously proven at trial or elicited at the time of entry of a plea of guilty shall be deemed established by clear and convincing evidence and shall not be relitigated" (Correction Law § 168-n [3]). Defendant...
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