Ordered that the order is affirmed, without costs or disbursements.
Where, as here, the People sought an upward departure from the defendant's presumptive risk level, they were required to identify an aggravating factor that tends to establish a higher likelihood of reoffense or danger to the community not adequately taken into account by the Sex Offender Registration Act (hereinafter SORA) Guidelines, and prove the facts in support of the aggravating factor by clear...
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