MERCURE, J.P.
Defendant pleaded guilty to, among other things, two counts of criminal sexual act in the second degree and was sentenced to a prison term of 21/3 to 7 years. In anticipation of his release from prison, the Board of Examiners of Sex Offenders prepared a risk assessment instrument that presumptively classified defendant as a risk level three sex offender. At the hearing that followed, defendant sought a downward modification based upon, among other things...
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