Ordered that the order is affirmed, without costs or disbursements.
The People sought to have the defendant designated a level three sex offender. Because of the procedural posture of this case, no prior recommendation had been issued by the Board of Examiners of Sex Offenders pursuant to Correction Law § 168-l (6). At the hearing, the County Court's own evaluation of the factors contained in the risk assessment instrument led to a presumptive level two...
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