Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for a new hearing and a new determination thereafter in accordance herewith.
In 2002, the defendant was convicted in Virginia of attempted rape (see Va Code Ann §§ 18.2-26, 18.2-61). After the defendant relocated to New York, the Board of Examiners of Sex Offenders evaluated his risk level under the Sex Offender...
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