Ordered that the order is affirmed, without costs or disbursements.
The defendant was convicted, after a jury trial, of rape in the first degree (three counts) and sodomy in the first degree (six counts). The complaining witnesses were the four-year-old and seven-year-old daughters of his paramour. The hearing court, following a hearing, granted an upward departure and designated the defendant a level three sex offender pursuant to Correction Law article 6-C.
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