March 19, 2026

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about January 17, 2024, which, after a hearing, adjudicated defendant a risk level two sexually violent offender pursuant to the Sex Offender Registration Act (SORA) (Correction Law art 6-C), unanimously affirmed, without costs.

The court providently exercised its discretion when it declined to grant a downward departure, and there is no basis for this Court to exercise its independent discretion to adjudicate defendant a level one offender (see People v Gillotti, 23 NY3d 841, 861 [2014]). The mitigating factors cited by defendant, including his participation in prison programming and family support, were outweighed by the seriousness of the underlying offenses, sexual abuse and enabling a forcible rape during a home invasion, and were adequately accounted for under factors 13 and 15 in the risk assessment instrument (see People v Rivera, 234 AD3d 605 [1st Dept 2025]; People v McNeill, 220 AD3d 518 [1st Dept 2023], lv denied 41 NY3d 903 [2024]).

Defendant did not establish that his rehabilitative efforts were so exceptional as to warrant a downward departure (cf. People v Williams, 148 AD3d 540 [1st Dept 2017]). Nor did he demonstrate that his familial support, relied on for his housing, represents new or enhanced stability that was not present at the time of the offense (see People v Austin, 237 AD3d 572, 574 [1st Dept 2025]). Defendant's score near the bottom of the range for the level two designation, without more, is insufficient to warrant a downward departure (cf. People v Fisher, 177 AD3d 615, 616 [2d Dept 2019]). Concur—Moulton, J.P., Friedman, Gesmer, O'Neill Levy, Chan, JJ.