—[*1] Steven Banks, New York, N.Y. (Arthur H. Hopkirk of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Ellen C. Abbot of counsel), for respondent.

Appeal by the defendant from an order of the Supreme Court, Queens County (Koenderman, J.), dated January 18, 2011, 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 Supreme Court properly denied his request for a downward departure from a presumptive risk level two designation to a level one designation pursuant to the Sex Offender Registration Act (see Correction Law art 6-C [hereinafter SORA]). Although the defendant identified a mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the SORA Risk Assessment Guidelines and Commentary (see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 9 [2006]), he failed to establish the facts in support of that mitigating factor by a preponderance of the evidence (see People v Wyatt, 89 AD3d 112, 128-129 [2011]; People v Bowden, 88 AD3d 972, 973 [2011]). Rivera, J.P., Leventhal, Hall and Roman, JJ., concur.