Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant is designated a level two sex offender.
At a proceeding to determine the defendant's risk level under the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]), the County Court properly assessed the defendant 75 points, which resulted in a presumptive designation as a level two sex offender. The court, however, upwardly departed from the...
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