Twyla Carter, The Legal Aid Society, New York (Simon Greenberg of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Andrew John Loizides of counsel), for respondent.

Order, Supreme Court, Bronx County (Ralph A. Fabrizio, J.), entered on or about November 7, 2022, which adjudicated defendant a level two sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion in denying defendant's request for a downward departure. The mitigating factors presented by defendant were adequately taken into account by the risk assessment instrument (see e.g. People v Watson, 112 AD3d 501, 503 [1st Dept 2013], lv denied 22 NY3d 863 [2014]; see generally People v Gillotti, 23 NY3d 841, 861 [2014]), and in any event were outweighed by the seriousness of defendant's underlying crime (see People v Dunkley, 212 AD3d 564 [1st Dept 2023], lv denied 39 NY3d 914 [2023]). Concur—Singh, J.P., González, Scarpulla, Rosado, O'Neill Levy, JJ.