Ordered that the order is reversed, on the law and in the exercise of discretion, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for a new hearing and, thereafter, a new determination on the issue of whether an upward departure from the defendant's presumptive risk level two classification is warranted.
"In establishing an offender's appropriate risk level assessment under [the Sex Offender Registration Act; hereinafter...
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