It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq.). We reject the contention of defendant that Supreme Court violated his due process rights when it determined, sua sponte, that a departure from the presumptive risk level based upon the risk assessment...
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