Ordered that the order is reversed, on the facts and in the exercise of discretion, without costs or disbursements, and the defendant is designated a level one sex offender.
In 1990, the defendant pleaded guilty to one count of attempted rape in the first degree and was sentenced to an indeterminate term of 1½ to 4½ years imprisonment. The defendant was paroled in 1993, but subsequently pleaded guilty to burglary and was reincarcerated until 1996. At his...
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