Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant is designated as a level one sex offender.
Although a court is empowered to exercise its discretion and depart from the presumptive risk level based upon facts in the record, it has been recognized that utilization of the risk assessment instrument will generally "result in the proper classification in most cases so that departures will be the exception not the rule"...
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