As the People concede, the classification of defendant as a statutory sexual predator is unsupported by the requisite diagnosis of mental disease (Correction Law § 168-a [7] [a]). The court correctly concluded that defendant's point score warranted a level two assessment. The proof submitted at the risk assessment hearing failed to support, by clear and convincing evidence, the court's upward departure to level three based on enumerated special circumstances (see...
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