Opinion
October 28, 2008.
Order, Supreme Court, Bronx County (Caesar Cirigliano, J.), entered on or about March 15, 2007, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.
Before: Tom, J.P., Saxe, Williams, Catterson and Moskowitz, JJ.
Defendant did not establish special circumstances warranting a downward departure from his presumptive risk level ( see People v Guaman, 8 AD3d 545). The mitigating factors cited by defendant were generally taken into account by the Risk Assessment Guidelines.