Ordered that the order is affirmed, without costs or disbursements.
The defendant argues that the County Court erred in designating him a level three sex offender based on an upward departure from level two. An upward departure is permitted only if the court concludes that there exists an aggravating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the Guidelines (see Sex Offender Registration Act: Risk Assessment Guidelines...
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