Ordered that the order is affirmed.
Where, as here, the People seek an upward departure from the defendant's presumptive risk level, they must 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 risk assessment instrument (hereinafter RAI), and prove the facts in support of the aggravating factor by clear and convincing evidence (see People v Brown,
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