Kane, J.
In 1997, defendant was convicted of attempted rape in the first degree, sexual abuse in the first degree and endangering the welfare of a child. In anticipation of his release from prison, the Board of Examiners of Sex Offenders evaluated defendant and presumptively classified him as a risk level two sex offender in accordance with the Sex Offender Registration Act (see Correction Law art 6-C), but recommended an upward departure to risk level three...
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