Ordered that the order is affirmed, without costs or disbursements.
After determining that the defendant was presumptively a level three sex offender under the Sex Offender Registration Act (Correction Law art 6-C; hereinafter SORA), the Supreme Court denied the defendant's request to downwardly depart from that risk level to level two. "A departure from the presumptive risk level is generally warranted only where `there exists an aggravating or mitigating factor...
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