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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES PASQUARELLI, Appellant.

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

The Supreme Court's designation of the defendant as a level three sex offender was supported by clear and convincing evidence ( see Correction Law art 6-C; People v Dong V. Dao, 9 AD3d 401, 401-402; People v Smith, 5 AD3d 752; People v Moore, 1 AD3d 421). The Supreme Court providently exercised its discretion in denying the request for a downward departure from the defendant's presumptive risk level since the defendant did not assert a "mitigating factor of a kind, or to a degree, that is otherwise not adequately taken into account by the guidelines" (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006]; see People v Foy, 49 AD3d 835; People v Walker, 47 AD3d 692, 694; People v Williams, 19 AD3d 388; People v Guaman, 8 AD3d 545).

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PEOPLE v. PASQUARELLI
(Dec 16, 2008)