STATE v. ADAMS

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

Contrary to the defendant's contention, the County Court providently exercised its discretion in denying his request for a downward departure from his presumptive risk level as shown on the risk assessment instrument. The defendant failed to present clear and convincing evidence of special circumstances warranting such a departure. In fact, his contention that his ill health would militate against his reoffending is belied by his own actions in committing a sexual offense at a time when his kidneys allegedly had already failed ( see People v Inghilleri, 21 AD3d 404, 405-406; People v Davis, 26 AD3d 364; cf. People v Abdullah, 31 AD3d 515, 516).

In light of our determination, we need not reach the People's contentions.