Steven Banks, The Legal Aid Society, New York (Denise Fabiano of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for respondent.

Order, Supreme Court, New York County (Arlene D. Goldberg, J.), entered on or about October 20, 2011, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion when it declined to grant a downward departure to risk level one (see People v Gillotti, 23 NY3d 841 [2014]). Defendant's conduct and accomplishments while incarcerated were not so extraordinary as to warrant a departure from his presumptive risk level, given the seriousness of the underlying crime against a five-year-old child. Concur—Tom, J.P., Friedman, Renwick, Manzanet-Daniels and Kapnick, JJ.