It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Defendant appeals from an order of County Court that affirmed an order of City Court determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). According to defendant, City Court erred in failing to recognize that it had the discretion "not to assess" points under two risk factors based on...
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