Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant is reclassified as a level two sex offender.
Contrary to the defendant's contention, the County Court properly denied his motion to preclude the People from participating in the risk assessment hearing. Although the District Attorney failed to provide the defendant with notice of his intent to seek an upward departure from the risk level recommended by the Board of Examiners...
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