Ordered that the order is affirmed, without costs or disbursements.
The defendant was convicted of unlawful surveillance in the second degree under Penal Law § 250.45 (2). At the risk level hearing held pursuant to the Sex Offender Registration Act (see Correction Law art 6-C; hereinafter SORA), he requested that the Supreme Court exercise its discretion under Correction Law § 168-a (2) (e) to find that he was not a sex offender.
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