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

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

Order, Supreme Court, New York County (Renee A. White, J.), entered on or about July 28, 2009, 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 properly exercised its discretion in declining to grant a downward departure from defendant's presumptive risk level (see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421 [2008]). The mitigating factors asserted by defendant were adequately taken into account by the risk assessment instrument (see e.g. People v Hansford, 67 AD3d 496 [2009]). Concur—Mazzarelli, J.P., Saxe, Catterson, Acosta and RomÁn, JJ.