Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the defendant is designated a level two sex offender.
"A court has the discretion to depart from the presumptive risk level based upon the facts in the record, but a departure from the presumptive risk level is warranted only where `there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account...
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