Wilens & Baker, P.C., New York (Jonathan I. Edelstein of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Samuel L. Yellen of counsel), for respondent.

Order, Supreme Court, Bronx County (Robert A. Neary, J.), entered on or about May 25, 2017, which adjudicated defendant a level two offender pursuant to the Sex Offender Registration Act (Correction Law Art 6-C), unanimously reversed, as a matter of discretion in the interest of justice, without costs, and the matter remanded for a new risk level determination.

The court's decision indicates that it did not give adequate consideration to defendant's request for a discretionary downward departure. Instead, the court appears to have misconstrued the request as limited to the risk factor for number of victims. However, a downward departure does not affect the calculation of the presumptive risk level; it is a discretionary determination that, despite the total number of points assessed and the offender's presumptive risk level, a lower risk level would be appropriate (see generally People v Gillotti, 23 NY3d 841 [2014]). Concur—Friedman, J.P., Sweeny, Kapnick, Kahn, Oing, JJ.