Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court did not improvidently exercise its discretion in rejecting the defendant's request for a downward departure from the presumptive risk level even though the Board of Examiners of Sex Offenders (hereinafter the Board) recommended a downward departure. A defendant seeking a downward departure from the presumptive risk level has the initial burden of "(1) identifying, as a matter of...
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