It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed in the exercise of discretion without costs and defendant is determined to be a level two risk.
Memorandum:
We conclude that County Court improvidently exercised its discretion in determining that defendant is a level three risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.). We therefore substitute our...
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