STEIN, J.
Defendant pleaded guilty to rape in the first degree and criminal sexual act in the first degree and was sentenced to five years in prison followed by five years of postrelease supervision. The Board of Examiners of Sex Offenders recommended that defendant be classified as a risk level three sex offender based upon an override factor that he had inflicted serious physical injury upon his victim. Defendant declined a hearing and County Court adjudicated defendant...
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