Ordered that the order is affirmed, without costs or disbursements.
A departure from the presumptive risk level, as determined by the defendant's total risk factor score on the risk assessment instrument submitted by the New York State Board of Examiners of Sex Offenders (hereinafter the Board), is warranted where "there exists an aggravating or mitigating factor of a kind, or to a degree, not otherwise adequately taken into account by the guidelines. The court's...
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