Lahtinen, J.
Defendant was convicted of rape in the third degree and burglary in the first degree, arising out of separate indictments for unrelated incidents. With his release from prison imminent, the Board of Examiners of Sex Offenders prepared a risk assessment instrument that presumptively classified him as a risk level two sex offender (90 points) under the Sex Offender Registration Act (see Correction Law art 6-C), but recommended an upward departure...
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