Ordered that the order is affirmed, without costs or disbursements.
The People established, by clear and convincing evidence, that the defendant had previously been convicted of a felony sex crime. Therefore, he was presumptively a level three sex offender pursuant to an automatic override addressing prior felony convictions for sex crimes ( see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 3-4 [2006]; People v Fareira, 80 AD3d 589, 590; People v King, 74 AD3d 1162, 1163; People v Guitard, 57 AD3d 751, 752; People v Winney, 43 AD3d 1239). Furthermore, the Supreme Court did not improvidently exercise its discretion in concluding that the mitigating factors proffered by the defendant did not warrant a downward departure from his presumptive risk level ( see People v Swells, 83 AD3d 1027 ; People v Bussie, 83 AD3d 920; People v Adams, 44 AD3d 1020).