PEOPLE v. MELENDEZ

The court properly exercised its discretion in declining to grant a downward departure from defendant's presumptive risk level ( see People v Mingo, 12 NY3d 563, 568 n 2 [2009]; People v Johnson, 11 NY3d 416, 421). The mitigating factors asserted by defendant were adequately taken into account by the risk assessment instrument, and were outweighed by the seriousness of the underlying sex crimes against a child ( see e.g. People v Aboy, 60 AD3d 436, lv denied 12 NY3d 711). Defendant's argument that he poses a diminished threat of reoffense is without merit ( see People v Rodriguez, 67 AD3d 596, 597, lv denied 14 NY3d 706).