Ordered that the order is affirmed, without costs or disbursements.
When deciding whether a sex offender is entitled to a downward departure from his or her presumptive risk level, the court must determine, "[a]t the first step, ... whether the... mitigating circumstances alleged by [the sex offender] are, as a matter of law, of a kind or to a degree not adequately taken into account by the [Sex Offender Registration Act (hereinafter SORA)] guidelines. At the second...
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