—[*1] Janet Gandolfo, Sleepy Hollow, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Richard Longworth Hecht and Anthony J. Servino of counsel; Owein Charles Levin on the brief), for respondent. Appeal by the defendant from an order of the County Court, Westchester County (Loehr, J.), entered April 6, 2006, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendant's contention, the County Court's determination to designate him a level two sex offender is supported by clear and convincing evidence, and thus, should not be disturbed (see Correction Law § 168-n [3]; People v Wright, 37 AD3d 797 [2007]; Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 11-12 [2006 ed]). The defendant failed to present clear and convincing evidence of the existence of mitigating factors warranting a downward departure from his presumptive risk level (see People v Martinez, 39 AD3d 835 [2007]; People v Guaman, 8 AD3d 545 [2004]). Miller, J.P., Covello, Eng and Chambers, JJ., concur.