Ordered that the order is affirmed, without costs or disbursements.
The County Court correctly determined that it lacked the discretion to downwardly depart from the presumptive risk level because the defendant failed to identify, as a matter of law, a mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the Sex Offender Registration Act: Risk Assessment Guidelines and Commentary (2006) (hereinafter the Guidelines and...
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