PEOPLE v. SAM

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

The defendant failed to demonstrate by clear and convincing evidence that there existed a mitigating factor of a kind or to a degree not otherwise taken into account by the guidelines ( see People v Jacobs, 61 AD3d 835; People v Serrano, 61 AD3d 946, 947; People v Abdullah, 31 AD3d 515, 516). The factors relied upon by the defendant, alcohol abuse and his relationship with the victim, are expressly addressed in the SORA guidelines ( see People v Perez, 61 AD3d 946; People v Townsend, 60 AD3d 655). The County Court appropriately designated the defendant a level two sex offender and providently exercised its discretion in denying his request for a downward departure.