Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant is reclassified as a level two sex offender.
The County Court erred in upwardly departing from the defendant's presumptive risk level two sex offender status and designating him a risk level three sex offender (see Correction Law § 168-a [l]). The People failed to demonstrate by clear and convincing evidence the existence of an aggravating factor of a kind...
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