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

Robert T. Johnson, District Attorney, Bronx (Shannon Henderson of counsel), for respondent.

Order, Supreme Court, Bronx County (Alberto Lorenzo, J.), entered on or about December 17, 2014, which adjudicated defendant a level three sexually violent offender under 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 defendant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant did not warrant a departure, given the seriousness of the underlying sex crimes that defendant repeatedly committed against his young stepdaughter. Concur—Mazzarelli, J.P., Friedman, Acosta and Andrias, JJ.