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.
The defendant was convicted, upon his plea of guilty, of rape in the second degree based upon conduct involving sexual intercourse when he was 19 years old with a victim who was 13 years old (Penal Law § 130.30[1]). It is undisputed that the victim's lack of consent was solely due to her inability...
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