Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.

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

Order, Supreme Court, New York County (Eduardo Padro, J.), entered on or about on June 19, 2014, which adjudicated defendant a level two sexually violent felony 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 (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant were adequately taken into account by the guidelines, or did not warrant a downward departure under the totality of the circumstances. In particular, defendant has not established that his age (47 at the time of the hearing) indicates a low risk of reoffense. Concur—Tom, J.P., Sweeny, Andrias and Gische, JJ.