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

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about August 17, 2023, 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.

Defendant has presented no basis which would warrant this Court exercising its discretion to grant defendant a downward departure (see People v Gillotti, 23 NY3d 841, 861 [2014]). The mitigating factors cited by defendant, including his family support and participation in treatment and vocational programs, were adequately taken into account by the risk assessment instrument (see e.g. People v Perez, 226 AD3d 487 [1st Dept 2024], lv denied 42 NY3d 905 [2024]; People v Bevel, 224 AD3d 430 [1st Dept 2024], lv denied 42 NY3d 902 [2024]; People v Mills, 220 AD3d 548 [1st Dept 2023], lv denied 41 NY3d 908 [2024]). Defendant also failed to establish that his age reduced his risk of re-offense (see People v Butts, 238 AD3d 520 [1st Dept 2025]). Even if defendant is less likely to reoffend, a downward departure is unwarranted due to "the magnitude of harm that would result if he did reoffend" (People v Etheridge, 149 AD3d 446, 446-447 [1st Dept 2017], lv denied 29 NY3d 912 [2017]; see People v Thomas, 202 AD3d 450, 451 [1st Dept 2022], lv denied 38 NY3d 911 [2022]). Concur—Manzanet-Daniels, J.P., Moulton, Gesmer, Rosado, Hagler, JJ.