People v. Argueta

*652Appeal by the defendant, as limited by his brief, from so much of an order of the County Court, Suffolk County (Kahn, J.), dated March 15, 2013, as, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the defendant is designated a level one sex offender.

In establishing a defendant’s risk level pursuant to the Sex Offender Registration Act (hereinafter SORA; see Correction Law art 6-C), “the People bear the burden of establishing the facts…