It is hereby ordered that the order so appealed from be and the same hereby is affirmed without costs.
Memorandum:
Defendant appeals from an order determining that he is a level three risk under the Sex Offender Registration Act (Correction Law § 168 et seq.). County Court's upward departure from the presumptive risk level in determining that defendant is a level three risk rather than a level two risk is supported by clear and convincing evidence...
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