Ordered that the order is reversed, on the law and in the exercise of discretion, without costs or disbursements, and the defendant is designated a level one sex offender.
In July 2014, the defendant was convicted of sexual misconduct (Penal Law § 130.20[2]), upon his plea of guilty. When the defendant committed the sex offense, he was 19 years old and the victim was 13 years old. It is undisputed that the victim's lack of consent was solely by reason of inability...
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