It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: On appeal from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.), defendant contends that reversal is required because County Court applied the wrong burden of proof when it determined that the People had "shown, by a preponderance of the evidence, that an upward departure...
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