Seymour W. James, Jr., New York, NY (Anita Aboagye-Agyeman of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Joyce Adolfsen of counsel; Gregory Musso on the brief), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Ann Donnelly, J.), dated September 9, 2014, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed.

The defendant was designated a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq. [hereinafter SORA]). On appeal, the defendant contends that the Supreme Court erred in denying his application for a downward departure from his presumptive risk level.

A defendant seeking a downward departure from the presumptive risk level has the initial burden of "(1) identifying, as a matter of law, an appropriate mitigating factor, namely, a factor which tends to establish a lower likelihood of reoffense or danger to the community and is of a kind, or to a degree, that is otherwise not adequately taken into account by the [SORA] Guidelines; and (2) establishing the facts in support of its existence by a preponderance of the evidence" (People v Wyatt, 89 AD3d 112, 128 [2011]; see People v Gillotti, 23 NY3d 841, 861 [2014]; see also Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006] [hereinafter the Guidelines]). Here, the mitigating circumstances identified by the defendant either were adequately taken into account by the Guidelines (see People v Robinson, 145 AD3d 805, 806 [2016]; People v Torres, 124 AD3d 744, 745-746 [2015]), or did not warrant a downward departure from the presumptive risk level (see People v Watson, 95 AD3d 978, 979 [2012]).

Accordingly, we agree with the Supreme Court's determination denying the defendant's request for a downward departure and designating him a level two sex offender. Mastro, J.P., Roman, Sgroi and Cohen, JJ., concur.