Seymour W. James, Jr., The Legal Aid Society, New York (Michael C. Taglieri of counsel), for appellant.

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

Order, Supreme Court, New York County (Arlene D. Goldberg, J.), entered on or about September 21, 2006, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion when, despite defendant's point score of 135, it granted a downward departure to level two but declined to grant defendant a further departure (see People v Gillotti, 23 NY3d 841 [2014]). The court sufficiently took into consideration the circumstances surrounding defendant's sexual relationship with an underage girl, including his claim of being initially mistaken about her age, as well as all other mitigating and aggravating factors. Concur—Friedman, J.P., Gische, Tom, Kern, Singh, JJ.