Ordered that the order is affirmed, without costs or disbursements.
Under the Sex Offender Registration Act (Correction Law art 6-C), a defendant requesting a downward departure from that defendant's presumptive risk level "must identify, as a matter of law, an appropriate mitigating factor, namely, a factor which tends to establish a lower likelihood of reoffense or danger to the community and is of a kind, or to a degree, that is otherwise not adequately taken into...
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