Ordered that the order is reversed, on the law, without costs or disbursements, the motion for an upward modification of the defendant's risk level is denied, and the defendant is designated a level one sex offender.
In 2005, the defendant was convicted of sexual misconduct and sentenced to a six-year term of probation. Upon the recommendation of the People of the State of New York (hereinafter the People), the sentencing court designated the defendant a level one...
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