PEOPLE v. ALSTON

Ordered that the order is affirmed, without costs or disbursements.

"A departure from the presumptive risk level is warranted where `there exists an aggravating or mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines'" ( People v Bussie, 83 AD3d 920, 920-921, lv denied — NY3d —, 2011 NY Slip Op 76743 [2011], quoting Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 4 [2006]; see People v Cruz, 74 AD3d 1305, 1306). Here, the Supreme Court properly determined that the defendant was not entitled to a downward departure and, thus, properly designated the defendant a level three sex offender ( see People v Sivells, 83 AD3d 1027; People v Bussie, 83 AD3d 920).

The defendant's remaining contentions are improperly raised for the first time on appeal.