Mercure, J.P.
Defendant was convicted upon his plea of guilty of the crime of rape in the third degree and sentenced to 1 to 3 years in prison. In anticipation of his release from prison, the Board of Examiners of Sex Offenders completed a risk assessment instrument in which defendant was presumptively classified as a risk level two sex offender under the Sex Offender Registration Act (see Correction Law art 6-C). However, the Board recommended
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