Ordered that the order is affirmed, without costs or disbursements.
The defendant was convicted, after a guilty plea, of 29 counts of possessing a sexual performance by a child (Penal Law § 263.16). At his Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]) hearing, he requested a downward departure from his presumptive designation as a level two sex offender on the ground that he did not have physical contact with a victim. The...
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