—[*1] Steven Banks, The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sheryl Feldman of counsel), for respondent.

Order, Supreme Court, New York County (Charles J. Tejada, J.), entered on or about November 19, 2008, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court had ample evidence on which to assess 15 points under the risk factor for drug or alcohol abuse. In any event, even without that assessment defendant would remain a level two offender, and we find no basis for a discretionary downward departure from his presumptive risk level (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]). The mitigating circumstances cited by defendant were adequately taken into account by the risk assessment instrument. Concur—Tom, J.P., Sweeny, Renwick, Freedman and Manzanet-Daniels, JJ.