Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court initially determined that the defendant was a level two sex offender, assessing 90 points for factors that included a history of drug abuse, the relationship between the defendant and the victim, and the number of victims. The Supreme Court then upwardly departed from the risk assessment to designate the defendant a level three sex offender, finding that there were aggravating factors...
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