Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant is designated a level two sex offender.
In June 2013, the defendant was convicted of criminal sexual act in the third degree (Penal Law § 130.40 [2]). The conviction arose from the defendant's sexual contact with a 15-year-old boy he had met through an Internet chat room.
At the proceeding to determine the defendant's risk level
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