Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court providently exercised its discretion in denying the defendant's application for a downward departure from his presumptive designation as a level three sex offender under the Sex Offender Registration Act (Correction Law art 6-C [hereinafter SORA]). The defendant failed to demonstrate the existence of a mitigating factor of a kind or to a degree not otherwise taken into account by...
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