Ordered that the order is affirmed, without costs or disbursements.
The People met their burden of proving, by clear and convincing evidence, that the defendant should be designated a level three sex offender ( see Correction Law art 6-C; People v Goldenberg, 17 AD3d 433; People v Dong V. Dao, 9 AD3d 401). In requesting a downward departure to a designation as a level two sex offender, the defendant failed to demonstrate, by clear and convincing evidence, the existence of a mitigating factor or factors of a kind or to a degree not otherwise taken into account by the guidelines ( see Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 4 [2006]; see People v Rivera, 51 AD3d 646, 647, lv denied 11 NY3d 704; People v Taylor, 48 AD3d 775).