It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Defendant appeals from an order determining that he is a level three risk under the Sex Offender Registration Act (Correction Law § 168 et seq.) Although Supreme Court reduced the total risk factor score on the risk assessment instrument by 30 points, it denied (defendant's request for a further downward departure to a level two risk. Contrary to defendant's contention, the court did not abuse its discretion in determining that the fact that defendant had not been charged with a sex offense since his release from imprisonment on the underlying offense did not warrant a downward departure ( see generally § 168-n [3]; People v Boan, 11 AD3d 956, lv denied 4 NY3d 702). We conclude that the court's determination is supported by clear and convincing evidence ( see People v Sutton, 19 AD3d 1045, lv denied 5 NY3d 709; People v Barnwell, 6 AD3d 1146, 1147, lv denied 3 NY3d 604).