Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the County Court, Suffolk County, for a new hearing and a new determination thereafter, in accordance herewith.
The defendant was convicted, upon his plea of guilty, of rape in the second degree (Penal Law § 130.30 [1]). Prior to his release from prison, the Board of Examiners of Sex Offenders (hereinafter the Board) classified the defendant as a presumptive...
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