Crimes - Sex Offenders - Sex Offender Registration Act - Downward Departure Declined

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about June 9, 2022, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (SORA) (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion in denying defendant's request for a downward departure. "[T]he large number of child pornography . . . videos . . . , the particularly disturbing nature of some of the material, the duration of defendant's retention of the material, and his trading of the material with others" indicate a likelihood of re-offense (People v Ryan, 157 AD3d 463, 463 [1st Dept 2018], lv denied 31 NY3d 904 [2018]). Many of the images and videos defendant possessed and shared with others were sadomasochistic in nature (see People v Field, 214 AD3d 418, 419 [1st Dept 2023], lv denied 40 NY3d 902 [2023]). For these reasons, defendant poses a "threat to the public safety" (People v Cabrera, 91 AD3d 479, 479 [1st Dept 2012], lv denied 19 NY3d 801 [2012]). The mitigating factors presented by defendant were adequately taken into account by the risk assessment instrument (see generally People v Gillotti, 23 NY3d 841, 861 [2014]) or were "outweighed by the egregiousness of defendant's conduct" (Field, 214 AD3d at 419). Concur—Renwick, P.J., Manzanet-Daniels, Higgitt, Rosado, Michael, JJ.