—[*1] Steven Banks, The Legal Aid Society, New York (Karen M. Kalikow of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Nicole Beder of counsel), for respondent. Order, Supreme Court, New York County (Rena K. Uviller, J.), entered on or about February 21, 2006, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant did not establish a special circumstance warranting a downward departure from his presumptive risk level (see People v Guaman, 8 AD3d 545 [2004]). The mitigating factors asserted by defendant were generally taken into account by the Risk Assessment Guidelines. Concur—Andrias, J.P., Gonzalez, Sweeny, McGuire and Malone, JJ.