Defendant appeals from an order of the Criminal Court of the City of New York, New York County (Neil E. Ross, J.), entered April 26, 2007, which adjudicated him a level two sex offender pursuant to Correction Law art 6-C.

Per Curiam.
Order (Neil E. Ross, J.), entered April 26, 2007, affirmed, without costs.
The People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level three sex offender adjudication. Defendant's arguments concerning such risk factors as the victim's age, sexual contact with the victim, prior violent felony offense and release without supervision are unavailing. While the hearing court providently exercised its discretion in granting defendant a downward departure from his presumptive risk level to a level two (see People v Guaman, 8 AD3d 545 [2004]), defendant failed to make the requisite showing that a further downward departure to a risk level one is warranted.
The court did not deny defendant due process of law by holding the hearing in his absence. The record establishes that he was sufficiently notified of the date of his hearing and forfeited the right to be present by not appearing (see People v Reid, 49 AD3d 338 [2008], lv denied — NY3d —, 2009 NY Slip Op 70884 [2009]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: June 29, 2009